Tenant Reoccupies Apartment After Substantial Rehabilitation

Landlord planned to substantially rehabilitate a building. Landlord wanted tenant to relocate temporarily while it rehabbed tenant's apartment. Tenant asked the DHCR if his apartment would remain rent stabilized after the rehabilitation and whether landlord would be required to give him a lease when he moved back in. In an opinion letter, the DHCR pointed out that tenant didn't have to move out during a substantial rehabilitation of the rest of the building. If tenant moved out temporarily due to a government agency vacate order, he would remain rent stabilized. But if tenant moved out voluntarily, the apartment would be deregulated. Landlord and tenant could, of course, sign an agreement by which landlord would agree to let tenant return to the apartment as rent-stabilized tenant. But whether this agreement was enforceable would have to be decided by a court if there was a dispute.

DHCR Opin. Ltr. by Charles Goldstein (2/4/02) [3-pg. doc.]