Posted by Frank Chin on November 05, 2002 at 07:20:21:
Hi MRM:
Make sure its under “rent stabilization” rather than “rent control”, a much more draconian law. The 35 year date you cited is borderline as tenants already under “rent control” at the time is grandfathered. “Rent stabilization” came into being in the early 1970’s, around 1972 as I recall.
One of the exceptions allowed under rent stabilization law is for the owner to take over to live in the unit himself, and evict the tenant. But convincing a judge to evict a old sick tenant from his home is another matter, especially if he lives there his whole life.
You may be out of luck if its rent control, as far as eviction is concerned.
Yes his daughter can move in under her succession rights, at the same rent. But the good news is, under recent reforms in the law, when she moves, it moves up to market rent, even if its a relative…
Then, there are speculaors out there who’ll buy the unit for a fraction of the price, and wait the tenant out.
I recall a post on the legal board recently where a “rent stabilized” tenant’s son asked if its OK for his mom to ask for a payment to leave and move to FL. One person replied (beleive a Mr. Buster) that its in bad taste. I’m sure your dad would jump at a $20,000 payment if asked, and would not consider it extortion.
Frank Chin