Showing posts from October, 2013

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