Did Landlord Need Apartment for His Brother's Use?

Landlord sued to evict rent-stabilized tenant. He claimed that he needed the apartment for use by his brother, the brother's wife, and their seven children, all from Haiti. Tenant asked the court to dismiss the case without a trial. Tenant claimed that landlord's lease nonrenewal notice failed to state that the brother and family were able to occupy the apartment at the time the notice was sent, and gave no indication as to when they would be able to do so. The court ruled against tenant. Landlord must be given a chance at trial to prove that: (1) he or his family members had a good-faith intent to use the apartment as a primary residence; (2) he intended to take possession of tenant's apartment for family use during the window period before the last renewal lease ended; and (c) the persons for whom the apartment was sought actually had the ability to move into the apartment.

Pierre-Blanc v. Jones: NYLJ, 10/6/09, p. 27, col. 1 (Civ. Ct. Kings; Finkelstein, J)