In Pultz v. Economakis, 10 N.Y.3d 542, 860 N.Y.S.2d 765 (2008), landlords Alistair and Catherine Economakis sought to evict all of the rent-stabilized tenants in their 15-unit building so that they could convert the building into a single-family home for themselves and their children. The Court of Appeals held that the landlords’ plan was lawful in that the governing statute, RSL §26-511(c)(9)(b), provided without limitation that an owner can recover “one or more dwelling units” for his or her personal occupancy.1
Since that time, other owners have attempted to recover multiple apartments in owner occupancy proceedings in order to turn a building into a single family home. Two recent cases, Bianco v. Sciaulino, 26 Misc.3d 780, 897 N.Y.S.2d 596 (NYC Civ. Ct. 2009) and Rudd v. Sharff, 27 Misc.3d 860, 896 N.Y.S.2d 858 (NYC Civ. Ct. 2010), establish that courts disagree as to the legality—and the logistics—of an owner’s attempt to recover a significant number of rent-stabilized apartments on owner occupancy grounds.
The Basics
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