An owner of property can seek to evict a tenant in a rent regulated unit if the owner can show an immediate and compelling need for the apartment for him/her self or for an immediate family member. Before evicting the tenant, the owner must apply for and receive a certificate of eviction from the Division of Housing and Community Renewal (DHCR) and then the owner may proceed in court to evict the tenant.
However, an owner cannot evict a tenant from a rent regulated apartment if a member of the household lawfully occupying the apartment is:
- a citizen, 62 years or older; or
- a disabled person; or
- any person who has been a tenant in the building for 20 years or more.
James G. Dibbini & Associates, P.C. is fully versed in owner occupancy rights and have successfully represented litigants to enforce their rights. Call us today at (914) 965-1011 for assistance.