Tenant Failed to Show She Lived in Apartment for 20 Years

Landlord of Yonkers apartment asked the DHCR for permission to recover rent-stabilized apartment for owner occupancy. The DRA ruled for landlord, finding he showed compelling necessity. The DRA also found that tenant failed to respond to three requests for information from the DRA, and that there was no proof that the tenant or any member of her household was a senior citizen or disabled or had lived in the apartment for more than 20 years. Tenant Protection Regulations would bar landlord’s recovery of the apartment under those circumstances. Landlord therefore could go to court to recover possession. Tenant appealed and lost. Tenant claimed that she did respond to the DRA, that she had lived in the apartment since 1997, and that her mother was a senior citizen. But there was no proof that tenant answered the DRA’s requests for additional information. Tenant didn’t show that she had lived in the apartment for 20 years, and didn’t show that her mother lived in the apartment with her. 

Soto: DHCR Adm. Rev. Docket No. DW910040RT (7/1/16) [3-pg. doc.]