McMurray v. New York State Division of Housing & Community Renewal

135 A.D.2d 235, 524 N.Y.S.2d 693, 1988 N.Y. App. Div. LEXIS 1812
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 1988
StatusPublished
Cited by18 cases

This text of 135 A.D.2d 235 (McMurray v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McMurray v. New York State Division of Housing & Community Renewal, 135 A.D.2d 235, 524 N.Y.S.2d 693, 1988 N.Y. App. Div. LEXIS 1812 (N.Y. Ct. App. 1988).

Opinions

OPINION OF THE COURT

Sullivan, J.

The New York City Rent and Rehabilitation Law as well as its implementing regulations provide for the issuance of a certificate of eviction where a landlord seeks in good faith to recover a housing accommodation for his own personal use and occupancy or that of his immediate family because of immediate and compelling necessity, provided, however, that the tenant is not otherwise protected. In 1984, the Legislature amended the rent control law (L 1984, ch 234, § 1) to exempt from such eviction senior citizens and long-term and disabled tenants.

In his May 23, 1986 opinion, the Deputy Commissioner for Rent Administration ruled that the landlords of the subject housing accommodation had established the requisite good faith and necessity and, on the basis of a finding that the tenant could not have moved into the accommodation on a permanent basis until the spring of 1967, at the earliest, that the tenant was not protected from eviction as a 20-year resident. The tenant commenced this CPLR article 78 proceeding challenging the issuance of the certificate of eviction. The court hearing the matter dismissed the petition and granted the landlords’ cross motion to toll the statutory provision protecting from eviction tenants occupying a housing accommodation for 20 years or more. This appeal ensued.

Our disagreement with our dissenting brother revolves around the fact that subsequent to the entry of the judgment from which this appeal is taken, the tenant accumulated the requisite 20 years of occupancy to qualify him for protection from eviction. Laws of 1984 (ch 234, § 1) amended section Y516.0 (b) (1) (now renum § 26-408 [b] [1]) of the Administrative Code of the City of New York, inter alia, to exempt from eviction in a proceeding to recover possession of a housing accommodation for a landlord’s own personal use and occupancy or that of his immediate family tenancies in which "a [237]*237member of the household lawfully occupying the housing accommodation * * * has been a tenant in a housing accommodation in that building for twenty years or more”.

The landlords’ application for a certificate of eviction has a long and tortured administrative history. The original application, filed on May 27, 1983, was denied for failure to prove an immediate and compelling necessity. On June 7, 1984, on administrative appeal, the Deputy Commissioner for Rent Control held that the immediate and compelling necessity requirement was inapplicable under the law then in effect, since the building contained less than 13 units. Accordingly, he remanded the proceeding to the District Rent Director for a finding on the issue of good faith. After a hearing, the District Rent Director, on May 29, 1985, accepting the Hearing Officer’s finding of good faith and following his recommendation, granted the certificate of eviction. The tenant filed an administrative appeal on July 1, 1985.

While the proceeding had been in remand, Laws of 1984 (ch 234), which had also amended section Y51-6.0 of the Administrative Code to require that landlords of all rent-controlled accommodations seeking certificates of eviction for their personal use and occupancy establish an immediate and compelling necessity, as well as good faith, had been enacted. The District Director, however, had failed to consider the effect of the new legislation in issuing his determination, and, as a result, the Deputy Commissioner, on administrative appeal, held two hearings, de novo: one to determine good faith and immediate and compelling necessity; the other, to consider whether the tenant fell into one of the exempt categories, since he had claimed that he resided at the subject premises for over 20 years and was unable to work as a result of a physical disability. The Commissioner upheld the grant of the certificate and rejected the tenant’s claim of exemption, finding that he had not suffered the requisite physical impairment and that he had not resided in the apartment for 20 years. After his request for reconsideration was denied, the tenant commenced this proceeding.

In the course of the second hearing on administrative appeal, the tenant testified that he had moved into the subject accommodation with his future wife’s family in March of 1966, prior to their marriage; that he continued to reside at the premises after he and his wife were married in November 1966; that his wife’s family moved out after the tenant’s daughter was born in May 1967; and that he took over the [238]*238lease for the apartment on August 1, 1967. Two long-time residents of the subject building, however, disputed the tenant’s claim that he had moved into the apartment in 1966. On the basis of the evidence before him, the Deputy Commissioner, as already noted, found that the earliest the tenant could have moved into the subject accommodation on a permanent basis was in the spring of 1967. On this appeal, the Commissioner, while otherwise defending his findings, takes the position that the tenant is protected from eviction, inasmuch as it appears that he has now occupied the apartment for 20 years or more.

The protection afforded by Laws of 1984 (ch 234) to, inter alia, long-term tenants of rent-controlled apartments is a tacit recognition of the devastating impact that evictions can have on such tenants and their communities. As the New York Assembly memorandum in support of the legislation explained: "In the present housing market, renting a new apartment can be financially devastating to a person on a retirement or limited income. Yet, these people are often singled out by landlords for eviction because they often have been in the apartment for many years and thus pay lower rents.” (1984 NY Legis Ann, at 109.) The Budget Report on Bills, contained in the Governor’s Bill Jacket (A-3586-B) also noted that long-term tenants, "by virtue of their longevity, have become an integral part of their community and have not violated their obligations to the landlord * * * [and] should [therefore] be afforded protection from eviction since forcing them out of their housing accommodations after 20 years could have a devastating effect on them and their community.”

The constitutionality of the statutory protection against eviction afforded to 20-year residents has been repeatedly upheld. (See, e.g., Matter of Lavalle v Scruggs-Leftwich, 133 AD2d 313; Matter of Lopez v Mirabel, 127 AD2d 771; see also, Matter of Guerriera v Joy, 64 NY2d 747.) Moreover, the statute is clearly remedial in nature. (Matter of Lavalle v Scruggs-Leftwich, supra, 133 AD2d, at 315.) As part of the 1984 amendments, section 4 of chapter 234 provided: "This act shall take effect immediately and shall apply to any tenant in possession at or after the time it takes effect, regardless of whether the landlord’s application for an order, refusal to renew a lease or refusal to extend or renew a tenancy took place before this act shall have taken effect.”

Remedial statutes are to be literally construed to carry out [239]*239the reform intended and to spread their beneficial results as widely as possible. (Post v 120 E. End Ave. Corp., 62 NY2d 19, 24; McKinney’s Cons Laws of NY, Book 1, Statutes § 321.) In Matter of Sommer v New York City Conciliation & Appeals Bd. (93 AD2d 481, 485-486, affd

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Cite This Page — Counsel Stack

Bluebook (online)
135 A.D.2d 235, 524 N.Y.S.2d 693, 1988 N.Y. App. Div. LEXIS 1812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmurray-v-new-york-state-division-of-housing-community-renewal-nyappdiv-1988.