In Matter of McMurray v. New York State Div. of Hous. & Community Renewal (72 N.Y.2d 1022, 531 N.E.2d 645, 534 N.Y.S.2d 924 [1988]), DHCR issued a certificate of eviction against a rent control tenant after the landlord sought possession for its own use under New York City Administrative Code 26-408 (b) (1). After the administrative proceedings and issuance of the certificate of eviction the tenant sought judicial review. During this time, the tenant became subject to the "20 year rule" which prohibits a rent controlled tenant's eviction by the landlord for its own personal use where the tenant has resided in the apartment for 20 years or more (see Administrative Code of City of NY 26-408 [b] [1]). The Court held that "a tenant in possession who accumulates the requisite 20 years of occupancy before the validity of a certificate of eviction is finally determined by the courts is protected from eviction" (McMurray, 72 N.Y.2d at 1024).