Landlord Has Immediate and Compelling Need for Tenant's Apartment

Facts: Landlord asked the DHCR for permission to evict rent-stabilized tenant in order to recover apartment for his own use and occupancy. At a hearing, landlord and his wife explained that they were having marital problems and that they needed to separate. Landlord also had lost his job, so he had financial difficulties and couldn't simply move out. The DRA ruled for landlord and tenant appealed. Tenant claimed that landlord had been trying to evict her for a while to get a higher rent for the apartment. DHCR: Tenant loses. Based on the believable testimony of landlord, his wife, and a psychiatrist, landlord showed an immediate and compelling need for tenant's apartment. Although there had been prior friction between landlord and tenant, landlord still was acting in good faith with a legitimate need for the apartment.

Rothenberg: DHCR Adm. Rev. Dckt. No. FF-910507-RT (5/26/95) [8-page document]