FAQ's - Evictions
1) 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.
2) May an owner evict a tenant from a rent regulated apartment for owner occupancy?
Yes, however the owner must apply for a certificate of eviction from DHCR on the Owner's Application For Order Granting Approval To Refuse Renewal Of Lease And/ Or To Proceed For Eviction (form RA-54) prior to proceeding to court to evict a rent controlled tenant. If the owner requires an apartment occupied by a rent stabilized tenant, the owner need not apply to DHCR but may proceed directly to court after the service of the proper notices. In both cases there are protections for senior citizens and disabled persons against eviction for owner occupancy. See Fact Sheet #10.
3) Can a rent-regulated tenant who has to stay in a nursing home for an extended period of time be evicted?
The matter is not under the jurisdiction of DHCR. This situation is reviewed by the courts and is decided on a case-by-case basis. Historically, the courts have included as part of their consideration the length of time spent in the nursing home, evidence of an intention to return to the apartment, the tenant's medical prognosis and whether the tenant's possessions have been removed from the apartment.