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My landlord is demolishing our building. Is he allowed to evict me, and can I get a buyout?

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Question:

I just received papers from my landlord that claim that I have to leave because they're going to demolish my building and put up a high-rise. Can they do this? What are my rights? Am I entitled to relocation money?

Answer:

Your landlord is definitely within their rights to sell or demolish the building and give you the boot, but if your apartment is rent regulated, you should be entitled to a hefty buyout, says Sam Himmelstein, a lawyer who represents residential and commercial tenants, tenant associations, and co-op shareholders.

But first thing’s first: For your landlord's demolition plans to even be legitimate, they'll need to have followed proper city protocol. This involves sending you two documents: a copy of their initial application to demolish that's been submitted to the Division of Housing and Community Renewal, as well as a notice of non-renewal of your lease, says Bill Gribben, also of Himmelstein, McConnell, Gribben, Donoghue & Joseph, who has worked on numerous demolition cases. And keep in mind that a lot of time often elapses in between the application and the DHCR's approval of demolition, and you're under no obligation to move until the DHCR issues a final order. (You can find more details on protocol here.)


Editor's Note: This article previously ran in May, 2015.


If the demolition is indeed legit, tenants are entitled to one of three different types of stipends. The landlord can move you into housing at the same or lower regulated rent than what you pay now, and throw in an additional $5,000 in moving expenses; they can move you into a pricier rental and agree to pay the difference for the next six years; or they can offer up a lump sum buyout based on the number of rooms in your apartment and how much you've been paying.

The buyout is by far the most common option, and if you play your cards right, you're likely to wind up with a million dollars or more, says Himmelstein. The landlord has likely sold the building to developers, who are beholden to lenders and whose contracts involve specific timetables, meaning that it's in everyone's best interest to avoid a long, drawn-out case that delays construction for several years.

"What happens here is that they budget a certain amount of money for tenant buyouts into these projects, and approach the tenants for negotiations," says Himmelstein. "Tenants are almost always looking at seven figure settlements." Don't go to the landlord directly unless you've gotten a notice from the DHCR that requires action within a certain timeframe—in this case, you can request an extension while you seek out legal counsel.

Tenants who are approached about buyouts should also be aware that landlords do not always reveal that they intend to demolish the building.

“Some landlords approach tenants before filing the application for demolition, in the hopes of getting as many vacancies as possible, or even of clearing out the building,” Himmelstein says. “If they can get everyone out, then they don’t have to file with the DHCR at all.”

In these situations, tenants may be under the impression that the landlord wants them out in order to renovate apartments. And if the tenants accept the buyout offer, it could also mean a much smaller payday than what they’d get from a demolition.

Tenants can investigate whether a demolition is likely in a few ways.

“One sign is that apartments in the building are being vacated, but not re-rented,” Himmelstein says. “Another is that the same person owns the buildings on either side of the one you’re in, so it looks like a larger development is being assembled.”

You could also look into your building’s zoning and air rights to get a sense of whether your landlord may be planning to build something taller. Finally, scan local real estate publications, which often cover major real estate purchases.

The online database ACRIS also reveals if multiple buildings are owned by the same entity, and the Department of Buildings information system could reveal whether your landlord has already filed some paperwork about their plans for the building. Who Owns What in NYC is another helpful investigative resource.

It’s also a good idea to hire an attorney to help you investigate. And if you do find that your landlord is planning to demolish the property, you should approach him and demand a larger buyout offer.

“You should negotiate, and say that it looks like you’re demolishing the building, so the buyout should be far greater than what you offered,” Himmelstein says.

To up your chances of a large buyout—and make the process more streamlined for everyone involved—Himmelstein recommends talking to your neighbors, forming a tenant association, then as a group hiring a lawyer with demolition experience. "What gets people the biggest buyouts in these cases is being able to deliver a vacant building to the landlord," he says. "So if everyone is working together, that’s when the biggest money is going to be thrown around."

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Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam at shimmelstein@hmgdjlaw.com or call (212) 349-3000.