Tenant Resided in Apartment for Over 20 Years

LVT Number: 13711

Landlord sought permission from the DHCR to evict rent-controlled tenant's son from rent-controlled apartment and to recover apartment for owner occupancy. Landlord claimed that tenant had moved out. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord. Tenant's son showed that he had lived in the apartment with tenant for more than 20 years. So he couldn't be evicted based on owner occupancy. It didn't matter that he didn't have a lease.

Landlord sought permission from the DHCR to evict rent-controlled tenant's son from rent-controlled apartment and to recover apartment for owner occupancy. Landlord claimed that tenant had moved out. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord. Tenant's son showed that he had lived in the apartment with tenant for more than 20 years. So he couldn't be evicted based on owner occupancy. It didn't matter that he didn't have a lease.

Sintescu-Olariu: DHCR Adm. Rev. Dckt. No. KK120158RO (11/10/99) [3-pg. doc.]

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