Opinion
June 2, 1986
Determination confirmed and proceeding dismissed on the merits, with costs.
The record establishes an immediate and compelling necessity on the part of the landlord for possession of the petitioner's apartment, because a local ordinance (Mount Vernon Building Code, art 2, § 38 [b]) required that the building have a resident superintendent. As the respondent's determination is based on substantial evidence, it must be upheld (see, Matter of Foster v Joy, 91 A.D.2d 610; Matter of Wiener v. Gabel, 18 A.D.2d 1025).
The petitioner's assertion that the Emergency Housing Rent Control Law (McKinney's Uncons Laws of N Y § 8585 [2] [a] [L 1946, ch 274, as amended by L 1984, ch 234, § 2]), which shields elderly, long-term and disabled tenants from eviction, should apply to this case is not persuasive. That statute, on its face, applies only to those situations where an owner seeks occupancy of an apartment for the owner's personal use or for the use of the owner's immediate family (cf. Matter of Cutrupi v. Joy, 114 A.D.2d 847). Mangano, J.P., Gibbons, Niehoff and Spatt, JJ., concur.