1 800-518-0890 OWNER'S PERSONAL USE
An owner who seeks an apartment for his own use, or the use of a
member of his immediate family, may refuse to renew the lease of
a rent stabilized tenant or apply to the DHCR to evict a rent
controlled tenant
Rent controlled tenants may not be evicted where any member of
the household is 62 years of age or older, disabled, or has been
a tenant in the same building for 20 years or more.
The law restricts an owner's right to recover an apartment from a
rent stabilized tenant:
-- the owner, or family member, must intend to use the
apartment as his or her residence in New York City;
-- if there are multiple owners of the building, only one may
initiate an owner's personal use proceeding (there is no
limit, however, on the number of units that may be
recovered);
-- if the building is owned by a partnership or corporation,
the owner's personal use provision may not be invoked.
No personal use proceeding may be initiated against a stabilized
tenant if the tenant or spouse is 62 years of age or older,
unless the tenant has been offered an equivalent or superior
apartment at the same or lower rent in the surrounding area. The
same prohibition applies to disabled tenants.
The apartment may not be used for any purpose other than the
owner's personal residence, or the residence of a family member,
for a minimum of three years. If the apartment is re-rented
within that period, the owner will be liable to a forfeiture of
all rent increases in the building for a period of three Years.