Apartment Recovered for Use by Tenant's Son and Daughter-in-Law

June 30, 2004

LVT Number: 17422

Landlord sued to evict rent-stabilized tenant to give her son and daughter-in-law the apartment. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved her good-faith intent to recover tenant's apartment. She wanted her family members to live near her in the building. While there may have been other apartments available in the building or prior problems with tenant, this didn't show lack of a good-faith intent. The fact that the daughter-in-law wasn't currently pursuing a plan to attend business school also didn't affect landlord's intent.

Landlord sued to evict rent-stabilized tenant to give her son and daughter-in-law the apartment. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved her good-faith intent to recover tenant's apartment. She wanted her family members to live near her in the building. While there may have been other apartments available in the building or prior problems with tenant, this didn't show lack of a good-faith intent. The fact that the daughter-in-law wasn't currently pursuing a plan to attend business school also didn't affect landlord's intent.

Gussow v. Hornblower: NYLJ, 6/23/04, p. 27, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this