Apartment Not Overcrowded

November 1, 1994

LVT Number: 9189

Landlord sued to evict long-standing rent-controlled tenants, based on a claim of overcrowding. Landlord argued that tenant's family of five lived in a 394-square-foot apartment, which violated the Housing Maintenance Code. Tenants asked the court to dismiss the case because landlord's court papers didn't state any facts to support the overcrowding claim. The court agreed with tenants. Landlord's papers only stated conclusions and allegations. Also, there were no housing violations on record to show that the apartment was considered too small for a family of five.

Landlord sued to evict long-standing rent-controlled tenants, based on a claim of overcrowding. Landlord argued that tenant's family of five lived in a 394-square-foot apartment, which violated the Housing Maintenance Code. Tenants asked the court to dismiss the case because landlord's court papers didn't state any facts to support the overcrowding claim. The court agreed with tenants. Landlord's papers only stated conclusions and allegations. Also, there were no housing violations on record to show that the apartment was considered too small for a family of five. And, all five tenants had lived in the apartment for 11 years before landlord tried to evict them for overcrowding. So, landlord's motives were suspect.

338 West 17th Street Associates v. Katehis: NYLJ, p. 22, col. 2 (10/5/94) (Civil Ct. NY; Shafer, J)

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