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May an owner evict a tenant from a rent regulated apartment for owner occupancy?

April 26, 2017apartment evict occupancy owner regulated rent tenant

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May an owner evict a tenant from a rent regulated apartment for owner occupancy?

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Yes, however the owner must apply for a certificate of eviction from DHCR on the Owner’s Application For Order Granting Approval To Refuse Renewal Of Lease And/ Or To Proceed For Eviction (form RA-54) prior to proceeding to court to evict a rent controlled tenant. If the owner requires an apartment occupied by a rent stabilized tenant, the owner need not apply to DHCR but may proceed directly to court after the service of the proper notices. In both cases there are protections for senior citizens and disabled persons against eviction for owner occupancy. See Fact Sheet #10.