Does Landlord Intend to Occupy Apartment?

Landlord sued to evict rent-stabilized tenant. Landlord sought to combine her apartment with tenant’s apartment so that landlord could live on the entire third floor of the building. Landlord had obtained DOB approval for her plan to combine the apartments. Tenant claimed that her 63-year-old mother lived with her and had succession rights, and that landlord failed to offer tenant an equivalent apartment. Both sides asked the court to rule on the case without a trial. The court refused because a trial was needed to determine the facts. DOB approval of landlord’s plans wasn’t enough to excuse landlord from proving her good-faith intention to live in the combined apartments as her primary residence in New York City. Tenant also had to prove at trial any right to an alternative housing offer.

Matlak v. Zietek: NYLJ, 9/3/09, p. 28, col. 3 (Civ. Ct. Kings; Finkelstein, J)