What is the law concerning an eviction based upon “owner-occupancy”?
a. In rent controlled apartments, the landlord must apply to the Division of Housing and Community Renewal for a certificate of eviction for occupancy by owner or immediate family, which includes all relations listed above. If a member of the household has been in the apartment for over 20 years, is 62 years of age or older, or is disabled, however, the tenant is exempt from owner occupancy. b. In rent stabilized apartments, landlords must give the tenant notice of their intentions for the tenant or the tenant’s immediate family (see the definition of family member above). This notice must be served between 90-150 prior to the expiration of the lease. c. If a member of the household is over 62 years of age or disabled, however, the landlord must offer equivalent housing accommodations to the tenant at the same or lower rent.
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