Owner Can't Evict 20-Year Occupant Who Became Successor Tenant

Landlord asked the DHCR for permission to recover tenant's rent-controlled apartment for owner occupancy. The DRA ruled against landlord because tenant had lived in the apartment for more than 20 years. This barred recovery of the apartment for owner occupancy by law. Landlord appealed and lost. There was no dispute that tenant had lived in the apartment for more than 20 years. She claimed succession rights after prior tenant, her uncle, died. In a prior ruling, the DHCR granted her succession rights. Landlord said she became the successor tenant in 1993, so she hadn't been the tenant for 20 years. The DHCR said that this didn't matter. What mattered was how long tenant lived in the apartment. And it wasn't clear whether tenant got succession rights in 1993 or sometime earlier. The prior DHCR ruling didn't specify.

Biederman : DHCR Adm. Rev. Docket No. YD420024RO (2/4/11) [4-pg. doc.]