EVICTION BASED ON OWNER OCCUPANCY

I am a new owner of an 8-family rent stabilized building. My daughter moved back home in October and now she wants her own apartment. All of the apartments are rented at this time, but two of the tenant's leases will soon be expiring. What is the procedure to take possession of the apartment?

In order to take possession of the apartment, you must refuse to renew a rent stabilized tenant's lease, which may be done if you want the apartment for personal use and occupancy as primary residence for yourself or a member of your immediate family (daughter). Under the Rent Stabilization Law, an owner may begin eviction proceedings when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease expires.

According to the Rent Stabilization Law, only one of the individual owners of a building can take possession of one or more dwelling units for personal or immediate family use and occupancy, even if the building has joint or multiple ownership.

Additional rules apply to senior citizens and disabled persons concerning eviction based on owner occupancy:

•  An owner cannot evict a tenant from a rent stabilized apartment if the tenant or the spouse of the tenant is 62 years or older, or is a disabled person unless the owner provides an equivalent or superior apartment at the same or lower rent in a nearby area;

•  An owner cannot evict a tenant from a rent controlled apartment when a member of the household is 62 years or older, or is a disabled person, or has been a tenant in the building for 20 years or more.

After an owner recovers possession of an apartment if he does not use the apartment for his or an immediate family members primary residence for three years, he may lose the right to any rent increases for other apartments in that building for three years.