Must the owner apply to DHCR to evict a rent regulated tenant before proceeding to court?
Where a tenant fails to pay rent, is causing a nuisance, damaging the apartment or building, or committing other wrongful acts, the owner may proceed directly to court after the service of the proper notices. Some special grounds, such as the owner seeking to demolish the building, do require that the owner first receive approval from DHCR. To obtain DHCR approval the owner should file form RA-54, Owner’s Application for Order Granting Approval To Refuse Renewal Of Lease And/ Or To Proceed For Eviction.
Related Questions
- May an owner collect a rent increase from a new/vacancy lease tenant when a DHCR rent reduction order for decrease in services is still in effect?
- Must the owner apply to DHCR to evict a rent regulated tenant before proceeding to court?
- May an owner evict a tenant from a rent regulated apartment for owner occupancy?
