People ex rel. Office of Rent Administration Division of Housing & Community Renewal v. Morgenthaler

This case examines for purposes of rent decontrol the distinction between an owner’s occupancy *804of an apartment as opposed to Ms acquisition of it for possession.

Henry J. Morgenthaler owns a rent controlled building in Oyster Bay. He evicted an apartment tenant by obtaining a certificate of eviction on December 18,1972 upon his representation that he intended to occupy the apartment himself. The tenant was actually removed on August 1, 1973, and when Mr. Morgenthaler did not physically move into the building as his actual residence, the New York State Office of Bent Administration, Division of…