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Primary Residence FAQ

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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.

In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.

• NYC.gov has a Buildings and Property FAQ that may provide useful answers.

• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.


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 New York State Division of Housing and Community Renewal and read their webpage on non-primary residency.

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What constitutes "primary residence"?

"Primary residence" is explained by DHCR on their webpage on non-primary residency.

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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 contact the New York State Division of Housing and Community Renewal.

Top | Main 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.

In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.

• NYC.gov has a Buildings and Property FAQ that may provide useful answers.

• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.

RGB Page Updated 9/27/2016

 


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