Co-Landlord Can't Get Apartment

December 1, 1999

LVT Number: 13712

Two individual landlords jointly owned a building. One landlord had previously sued to evict a rent-stabilized tenant to recover the apartment for owner occupancy. The court ruled for landlord. Later, co-landlord sued to evict another tenant to recover the apartment for owner occupancy. The court ruled against co-landlord because the Rent Stabilization Law permits only one individual landlord to recover an apartment for owner occupancy. Landlords appealed and lost. The fact that the tenant in the prior case agreed to move out after the court ruled for landlord didn't matter.

Two individual landlords jointly owned a building. One landlord had previously sued to evict a rent-stabilized tenant to recover the apartment for owner occupancy. The court ruled for landlord. Later, co-landlord sued to evict another tenant to recover the apartment for owner occupancy. The court ruled against co-landlord because the Rent Stabilization Law permits only one individual landlord to recover an apartment for owner occupancy. Landlords appealed and lost. The fact that the tenant in the prior case agreed to move out after the court ruled for landlord didn't matter.

Rudd & Klein v. Devine: NYLJ, p. 26, col. 1 (11/15/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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