Landlord Needs Certificate from DHCR to Evict

March 1, 1994

LVT Number: 8603

Landlord sued to evict tenant for nonprimary residence. Landlord had served tenant a 30-day notice of termination. Landlord claimed tenant was a month-to-month tenant. But tenant, who was 87 years old, was rent-controlled. Tenant claimed landlord's notice was improper. The court agreed, and ruled against landlord. Under the rent control law, landlord must first get a certificate of eviction from the DHCR before proceeding in a nonprimary residence action. Landlord can then serve tenant a 10-day termination notice.

Landlord sued to evict tenant for nonprimary residence. Landlord had served tenant a 30-day notice of termination. Landlord claimed tenant was a month-to-month tenant. But tenant, who was 87 years old, was rent-controlled. Tenant claimed landlord's notice was improper. The court agreed, and ruled against landlord. Under the rent control law, landlord must first get a certificate of eviction from the DHCR before proceeding in a nonprimary residence action. Landlord can then serve tenant a 10-day termination notice. The fact that tenant doesn't have a current lease doesn't change this requirement.

Park Capital Corp. v. Cooper: NYLJ, p. 22, col. 6 (2/9/94) (Civ. Ct. NY; Stallman, J)

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