REBNY Legal Line Question of the Week: Rent Stabilized Leases
Legal Line Question of the Week Rent Stabilized Leases When 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