School Didn't Prove It Needed Apartments for Immediate Use

September 30, 1994

LVT Number: 9117

Landlord nonprofit school sued to evict tenants so it could convert their apartments for educational purposes. Tenants argued that eviction was improper because landlord didn't have an immediate use for the space. Landlord claimed that it needn't prove it would use the space immediately. The DRA agreed with tenants, and landlord appealed. Landlord loses. Section 2204.9 (a)(3) of the City Rent and Eviction Regulations requires a nonprofit educational landlord to prove it has an immediate use for the apartments before it can evict tenants.

Landlord nonprofit school sued to evict tenants so it could convert their apartments for educational purposes. Tenants argued that eviction was improper because landlord didn't have an immediate use for the space. Landlord claimed that it needn't prove it would use the space immediately. The DRA agreed with tenants, and landlord appealed. Landlord loses. Section 2204.9 (a)(3) of the City Rent and Eviction Regulations requires a nonprofit educational landlord to prove it has an immediate use for the apartments before it can evict tenants. Landlord had neither a specific nor immediate plan to use the apartments for educational purposes. And, landlord's actions were suspicious because there were underutilized or vacant offices in the same building.

New School for Social Research: DHCR Adm. Rev. Dckt. Nos. HJ 420127-RO et al. (8/17/94) [9-page document]

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