****** Act Eviction Conversion

[You Are Guilty]

Note the language of the statute:

(ii) No eviction proceedings will be commenced against a
non-purchasing tenant for failure to purchase or any other reason
applicable to expiration of tenancy until the later to occur of (1) the
date which is the expiration date provided in such non-purchasing
tenant`s lease or rental agreement, and (2) the date which is three
years after the date on which the plan is declared effective.
Non-purchasing tenants who reside in dwelling units [highlight]subject to
government regulation as to rentals[/highlight] and continued occupancy prior to
conversion shall continue to be subject thereto during the period of
occupancy provided in this paragraph. Thereafter, if a tenant has not
purchased, he may be removed by the owner of the dwelling unit or the
shares allocated to such dwelling unit.

Covers both rent control and rent stabilization.

Mind you, there's about 0.1% chance you can successfully do this on your own. So, go speak to a local real estate attorney who has done a few eviction plan conversions, and you will get a much more detailed picture on how the whole process will work; how long it will take; and, most importantly, how much it will cost you.

As an aside, there are other ways to collect more rent from a rent controlled tenant without having to convert to a condo/co-op, albeit not enough to bring them up to market rates. (Adjusting your MBR or tacking on fuel surcharges are the two most common ones). More stuff to speak to the lawyer about.

One last morbid thought. How old is the tenant? If they've been there 36+ years, I'd assume they are getting up in years and might not have long for this world. So, you might be able to "wait them out" this way (although the unit will still be rent stabilized once it leaves rent control).

 

[ecmst12]

Disclaimer: This information is from a friend of mine who inherited a brownstone from her parents, with some or possibly all of the units being rent controlled or stabilized (not sure which), and which she is barely breaking even on with taxes and maintenence costs. I make no claims as to the correctness of it.

My friend told me that her research indicated she could evict someone if she planned on leaving the unit empty for a certain amount of time for renovations. She has not tried it yet as she is currently focusing on cleaning/renovating the units that SHE is living in, following her parents' deaths. She is also considering selling the building and using the proceeds to buy another, to escape the rent control status.

 

[Misi]

Thanks Guilty

I have spent the past couple of years trying to figure out how to raise her rent. I've gotten it from $170 to $240 but it cost me around $1200. It was complicated because I had to pay someone to get the original lease from the city and clear some ridiculous violations in the basement when she lives on the fourth floor.

I've filed for the MBR rent increases, fuel costs, and then I tried to get some MCI increases for the $60,000 I've put into the building in the past 10 years. NYDHCR says on the website there is no time limit for filing for an MCI on a rent controlled tenant, but guess what, there is. A law was apparently passed in 2005 that imposed a two yeat statute of limitations so I can't get anything for my exterior resurfacing ($40,000) or the new chimney ($15,000). I've hired some kind of expediter like guy who files for the rent increases - next year it will go up another $15 or so. It's so ridiculous. She has been there since 1974 or so, and she's on the fourth floor of a walkup and if she had any sense she'd like me buy her out at $75,000 but she won't. One day she won't be able to make it up the stairs but I've often thought about doing a conversion in any event. Maybe if I started the process she would negotiate a buyout. I think I will see a lawyer. thanks again.

 

[You Are Guilty]

Seems like you're headed in the right direction. Not much else I can offer at this point, at least over the internet.

One thing struck me though - I'm pretty sure rent control applies to leases entered into prior to 1971, not '73. (Might be something to double check, although, if both our dates are correct, it's likely too late to do anything about it now).

Good luck.