Law Amended by HSTPA Applied to Owner Occupancy Case on Appeal

Landlord sued to evict rent-stabilized tenant, in order to recover the apartment for owner occupancy. The trial court ruled for landlord in July 2018 because landlord showed a good faith intent to occupy as his primary residence two reconfigured and combined brownstone buildings, one of which included tenant's apartment.

Tenant appealed and the case was reopened. While tenant's appeal was pending, the Housing Stability and Tenant Protection Act (HSTPA) had broadly changed the rent stabilization laws and now limited landlord's ability to recapture rent-stabilized apartments for owner occupancy. Under the amended law, applicable to landlord's case, landlord could recover only one "dwelling unit" in a building and had to show "immediate and compelling necessity" rather than a good faith intent to occupy. The change in the law took effect "immediately" on June 14, 2019, and applied to "any tenant in possession at or after the time it takes effect." The court interpreted this to mean that if tenant was lawfully in possession at any stage of the appeal process, the amended law applied.

Harris v. Israel: 65 Misc.3d 155(A), 2019 NY Slip Op 51925(U) (App. T. 1 Dept.; 12/4/19; Shulman, PJ, Edmead, J)