Apartment Occupant Can’t Appeal Owner Occupancy Award

March 17, 2016

LVT Number: #26845

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Apartment occupant appealed and lost. Landlord showed a good faith intention to have her married daughter and son-in-law live in tenant’s apartment. And occupant had no standing to appeal. Tenant had died, and occupant now claimed that landlord had to offer her a renewal lease. But landlord was only required to send tenant a lease nonrenewal notice before starting the eviction case.

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Apartment occupant appealed and lost. Landlord showed a good faith intention to have her married daughter and son-in-law live in tenant’s apartment. And occupant had no standing to appeal. Tenant had died, and occupant now claimed that landlord had to offer her a renewal lease. But landlord was only required to send tenant a lease nonrenewal notice before starting the eviction case. Occupant wasn’t a tenant and wasn’t entitled to receive a lease nonrenewal notice. 

 

 

 
Friedman v. Yosef: 50 Misc.3d 138(A), 2016 NY Slip Op 50144(U) (App. T. 2 Dept.; 2/3/16; Pesce, PJ, Weston, Aliotta, JJ)

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