Eviction for Owner Occupancy
I know that related questions have been asked here before, but I’m looking for thoughts on a particular element of it. Though I’m also planning to talk to a lawyer, as well. Assuming I’m looking to buy a new house, and there is a non-senior tenant in a rent-stabilized garden apartment, and I as the new owner am looking to move into the Garden apartment, I know I have the right to evict that tenant, but I’m unsure as to the timeline of it.
Can I give notice to the tenant upon taking ownership of the building, or can it only be done within the window of the lease renewal?
I’m looking here:
http://www.housingnyc.com/html/resources/dhcr/dhcr10.html
“Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.”
So if the tenant signs a 1-year lease with the previous owner immediately prior to selling, do I, as the new owner, have to wait until 150 days prior to the end of that lease to serve notice?
Now, my hope is that this can be done amicably and that I could look to support the tenant with moving fees and such, but I’m really looking to understand the letter of the law as well.
