Is it possible for the owner of a rent stabilized apartment to owner occupy the unit when the lease is up? I’ve heard stories where they can owner occupy a building to convert it to a single family if it will be for their own use. It’s the same principle here, it would be for the owners use. I will obviously consult a lawyer but I’ve read the posts here a few times and think they’re pretty helpful so I figured I’d ask. Any help would be greatly appreciated. Thanks


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  1. As the property is owned by an llc, owner occupation is not possible. Unless the corporation plans to demolish the apartment, and apply for eviction pursuant to a bona fide demolition plan, you’re stuck with the tenant until the tenant leaves or breaches the terms of the lease. You could be vigilant for lease breaches, but the housing court will always give the tenant the opportunity to rectify the breach, plus if you go down this road more than once or twice in a short space of time, you could open yourself to charges of tenant harassment. My suggestion would be to do all that is required of you as a landlord under the rent stabilization code, make sure the tenant does all that is required under the code, grab your ankles and grin and bear it.

  2. Thanks for the advice guys… I didn’t purchase it with a tenant (if so I would have paid next to nothing for an occupied apt), it was left to me and two other people and owned in an llc and not by an individual so I guess that complicates things a little more. I think I’m just going to wait the tenant out for a few years. I really appreciate everyone taking the time to look at this post and all the answers really were helpful.

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