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REBNY Legal Line Question of the Week: Rent Stabilized Leases

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Legal Line Question of the WeekRent Stabilized LeasesWhen can a Landlord (hereinafter the “Landlord or “Owner”) refuse to 
renew the lease of a rent stabilized tenant (the “Tenant”) who lives in a 
rent stabilized apartment (the “Apartment”)?  Furthermore, under what 
circumstances can an Apartment be “deregulated”?Generally, an Owner may refuse to renew a rent stabilized Tenant’s l
ease in the following circumstances, and only upon providing the Tenant 
with the required prior written notice: (i) where the Owner wants to take 
over the Apartment for his/her (or a member of the Owner’s “immediate 
family”) personal use and occupancy as a primary residence; (ii) where 
the Apartment is not occupied by the Tenant as their primary residence; 
or (iii)  where the Owner takes the Apartment off the rental market or 
demolishes the building. Notwithstanding the foregoing, an Owner cannot 
evict a Tenant from an Apartment if the Tenant, or the Tenant’s spouse, 
is 62 years or older (or if the Tenant is d…