Tenant Lived in Apartment More than 20 Years

Landlord asked the DRA for permission to refuse renewal of tenant's rent-stabilized lease and to proceed with an eviction. Landlord claimed that he needed tenant's apartment for occupancy by his daughter. The DRA ruled against landlord. Landlord appealed, claiming that this rule didn't apply in Mamaroneck. The DHCR ruled against landlord. The ETPA and Tenant Protection Regulations became applicable in Mamaroneck on Dec. 1, 1974. Under the TPR, rent-stabilized tenants are exempt from owner occupancy if any member of tenant's household is 62 or older, or if tenant has lived in the building for at least 20 years. Because tenant had lived in the apartment for more than 20 years, she was exempt from eviction for owner occupancy.

Germano: DHCR Adm. Rev. Dckt. No. TA910029RO (7/21/05) [3-pg. doc.]