Home Buying in New York>Question Details

Tak13954, Home Buyer in New York, NY

if an apartment has a rent stabilized tenant in nyc, but your buying to move in, can you kick them out so you can move in?

Asked by Tak13954, New York, NY Sat Dec 11, 2010

Help the community by answering this question:


For those who suggested buying the tenant out, how do you figure out how much to offer?
0 votes Thank Flag Link Mon Jul 9, 2012
There are certain situations in which a new owner can require a rent-stabilized tenant to vacate, but only a qualified NYC real estate attorney - preferably one who specializes in landlord-tenant law - can give you an answer on this. Best to consult one right away.
0 votes Thank Flag Link Fri Jan 21, 2011
In NYC, a Rent Regulated apartment may be Rent Controlled or Rent Stabilized. Generally, an apartment occupied by a tenant continuously prior to July 1, 1971 in a building built before February 1, 1947 would come under Rent Control.

A Rent Stabilized apartment would generally be located in a building constructed prior to January 1, 1974 having 6 or more housing units.

In New York City, a rent regulated tenant in occupancy before the conversion to cooperative ownership under a non-eviction plan remains regulated as long as he or she continues in occupancy as a non-purchasing tenant.

Hope these info. will help you!

Best regards,

Spencer Sutton - BondNew York
0 votes Thank Flag Link Sun Dec 12, 2010
For an accurate answer to your question as it applies to your specific situation, do consult with an attorney who specializes in real estate, have all related information reviewed, and then make a legal determination.
0 votes Thank Flag Link Sun Dec 12, 2010
There is not a black and white or yes/no question. It depends upon the offering plan and whether it was an eviction or non-eviction plan. Rent-stabilized tenants do have a lot of rights. It is different for a 1-4 family house vs. a bigger building. You should really speak to a real estate attorney for a correct and complete answer based upon the particular building.
0 votes Thank Flag Link Sun Dec 12, 2010
I agree with Joe. When it comes to NYC real estate law you must consult with a Real Estate attorney for two main reasons:
1. The court system is backed up, so you need an attorney to stay on top of things & attempt to move the case quicker
2. The laws are always changing & there are many loopholes in the system that you simply don't have the time or the knowledge to comprehend.

With all that said you can expect the tenant to put up a fight. Probably more so in a rent controled apartment than rent stabilized apartments. You should make this the responsibility of the seller, maybe they can have the tenant sign a document agreeing to move out upon sale. Is there a lease in place? What are the lease terms? Have you approached the tenant or has the seller approached them?
0 votes Thank Flag Link Sun Dec 12, 2010
There are many variables. It depends on the type of conversion and offering plan. In a coop or condo that converted from a rental building that is "non-evict plan, you may not be able to. An "evict" plan is different. Some plans offer insider prices to buy, if they don't buy they may be evicted.

However if you are a tenant in a rental building and someone buys the building the owner has the right to live there but not to rent it to some one else.

In conversions there is a "red herring" prospectus and ultimately an offering plan approved by the attorney generals office. The plan is supposed to be followed. There have also been cases where the new owner lost because they were not living there. Every case is different. It is not cut and dry but rent regulation laws are supposed to protect tenants. You should consult a real estate attorney.

I would not recommend buying an apartment that you want to live in immediately that has a tenant in place

Mitchell Hall, Associate Broker
The Corcoran Group
0 votes Thank Flag Link Sun Dec 12, 2010
Mitchell Hall, Real Estate Pro in New York, NY
Hi Tak,

I hate to disagree with Eugene, but he is incorrect. I can tell you this from personal experience. Prior to being in real estate, I was a tenant in a rent stabilized unit on MAnhattan's upper west side (83rd & Columbus). My unit was purchased with me as a tenant. The owner sued to remove me and won. this was not a short process. it took about 10 months, but the end result was that the courts upheld the owner's right to occupy his apartment. Needless to say, you should consult an attorney. This is not a simple process. there are monetary, ethical and time considerations that need to be addressed and an attorney will help you through the whole process. Honestly, it is easier to just buy out the tenant, but it may be more expensive.

All the best,

(718) 432-5000 ext.601 (Office)
(917) 974-2600 (Cell)
0 votes Thank Flag Link Sun Dec 12, 2010
Due to rent stabilization laws, you can not. You can attempt to buy them out, but you can legally take possession only when they leave.

That is the reason why those units are usually way below market price.

Eugene Kopman
Associate Broker
Bond New York
0 votes Thank Flag Link Sat Dec 11, 2010
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