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Owner occupancy eviction for a single unit

Started by jeremy172
about 13 years ago
Posts: 0
Member since: Oct 2012
Discussion about
Hi, If I buy a single unit i.e. (I don't own the building), can I use owner occupancy to evict the current rent-stabilized tenant? I would use the unit as my primary residence. I have heard cases where people have won when they have purchased the entire building but haven't really heard cases where you can purchase a single apartment and evict the rent-stabilized tenant using owner occupancy. Does anybody know of any cases or have any thoughts if owner occupancy can be applied to the case where the owner only owns the apartment itself? This is an apartment in NYC FYI.
Response by somewhereelse
about 13 years ago
Posts: 7435
Member since: Oct 2009

I always thought this was perfectly legal, just don't know many folks who have done it surprisingly...

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

Can't be done. (Otherwise all the RS apartments held by sponsors would've been sold long ago.)

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Response by huntersburg
about 13 years ago
Posts: 11329
Member since: Nov 2010

Can't be done, shouldn't be tried.

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Response by West81st
about 13 years ago
Posts: 5564
Member since: Jan 2008

"...[T]enants in a noneviction conversion plan pursuant to section 352-eeee of the General Business Law may not be evicted on this ground on or after the date the conversion plan is declared effective."

The owner-use provision of the Rent Stabilization Law allows the owner of a rental building to claim a single unit for family use. That's it.

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Response by Triple_Zero
about 13 years ago
Posts: 516
Member since: Apr 2012

"section 352-eeee"

Exactly how many sub-sections does Section 352 have?

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Response by alanhart
about 13 years ago
Posts: 12397
Member since: Feb 2007

That was a typo.

It's "section 352-eeek", designed to scare off abusive buyers of apartments.

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Response by somewhereelse
about 13 years ago
Posts: 7435
Member since: Oct 2009

So, W81, is it that you have to buy a building to get the ability to live in one?

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Response by Triple_Zero
about 13 years ago
Posts: 516
Member since: Apr 2012

Serious answer to the "why quadruple E" question:

http://codes.lp.findlaw.com/nycode/GBS/23-A

It looks like subsections of 352-E just got extra E's added rather than go with e1, e2, e3, e4. There's also a 359-fff.

But there's a 349-b1 and a 349-f1:

http://codes.lp.findlaw.com/nycode/GBS/22-A

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