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Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
Does your rent stabilized apartment have to be your
primary residence?
To
be entitled to rent protection, a rent stabilized apartment has to be your
primary residence. The Rent Stabilization Code section 2520.11(k) excludes
from protection "housing accommodations which are not occupied by the tenant,
not including subtenants or occupants, as his or her primary residence as
determined by a court of competent jurisdiction."
You
can own property elsewhere as long as you can prove that the apartment is
your primary residence.
For
further information, you can contact the Division of Housing and Community
Renewal at (718) 739-6400 or (212) 961-8930.
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What
constitutes "primary residence"?
Section §2520.6(u) of the RENT STABILIZATION CODE sets forth the various
factors that may be considered in determining whether a tenant remains a
primary resident:
Although no
single factor shall be solely determinative, evidence which may be considered
in determining whether a housing accommodation subject to this Code is
occupied as a primary residence shall include:
- Specification
by an occupant of an address other than such housing accommodation as a
place of residence on any tax return, motor vehicle registration, driver's
license or other document filed with a public agency;
- Use by an occupant
of an address other than such housing accommodation as a voting address;
- Occupancy of
the housing accommodation for an aggregate of less than 183 days in the
most recent calendar year, except for temporary periods of relocation pursuant
to section 2523.5(b) of this Title [covering military service, enrollment
as a full time student; relocation by court order; temporary relocation
due to employment; hospitalization or other reasonable grounds];
- Subletting
the housing accommodation.
If
your landlord is challenging your status, it is important that you to collect
this evidence. Bear in mind that there are many unique situations where the
above guidelines may prove less helpful. For example, an actor, stewardess,
artist or musician may spend many months away from home as part of their
occupation and yet have no other primary residence. The courts will consider
these situations and may discount one or another of the factors (such as
the 183 day occupancy guideline). In some instances tenants will maintain
a seasonal residence and register their car at that location for insurance
purposes, yet still be considered primary residents of their New York apartments.
All these things will weigh in the decision-making process.
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What
kind of notice should I receive if the landlord wants to evict me for non-primary
residence?
If
the landlord seeks to terminate your tenancy on non-primary residence grounds
s/he is required to provide two advance notices: The landlord must give between
90 and 150 days notice prior to the expiration of your lease of his/her intention
to refuse to renew your lease and 30 days notice of termination. These notices
may be combined in one notice. Should you refuse to vacate, the landlord
will then serve a holdover petition with a notice of petition. This latter
document is usually served at least 5 and no more than 12 days before a court
appearance is required. More information about "holdover proceedings" can
be found here or here.
If
you have any other questions we suggest you call the DHCR at 212-961-8930
or 718-739-6400.
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FAQ Menu
Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
RGB Page Updated 1/19/2010
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