Prior DHCR Approval Not Required

June 30, 2006

LVT Number: 18954

Landlord sued to evict tenants of four rent-stabilized apartments. Landlord said he needed the apartments for owner occupancy. Tenants asked the court to dismiss the cases. They claimed that landlord didn't get DHCR approval before starting the eviction cases. The court ruled against tenants. No DHCR approval is needed under Rent Stabilization Code Section 2524.4(a) before starting an owner occupancy eviction case. There was no limit under the Code on how many apartments landlord could recover for owner occupancy.

Landlord sued to evict tenants of four rent-stabilized apartments. Landlord said he needed the apartments for owner occupancy. Tenants asked the court to dismiss the cases. They claimed that landlord didn't get DHCR approval before starting the eviction cases. The court ruled against tenants. No DHCR approval is needed under Rent Stabilization Code Section 2524.4(a) before starting an owner occupancy eviction case. There was no limit under the Code on how many apartments landlord could recover for owner occupancy. Landlord only had to prove good-faith intent to occupy the apartments at trial.

Malta v. Brown: NYLJ, 6/21/06, p. 26, col. 1 (Civ. Ct. NY; Lebovits, J)

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