Landlord Can Get Second Apartment for Himself

(Decision submitted by David B. Cabrera of the Queens law firm of Horing & Welikson, P.C., attorneys for the landlord.) HelveticaNeue-BoldCond-Facts:-Rent-stabilized tenant complained that landlord refused to issue her a renewal lease. Landlord claimed it wanted to recover the apartment for owner occupancy. The DHCR ruled for tenant and ordered landlord to give tenant a renewal lease. The DHCR noted that landlord had already obtained one apartment in the building for owner occupancy. The DHCR claimed that the Rent Stabilization Code allowed only one of building's co-owners to recover apartments for themselves or immediate family members. Landlord's parents were co-owners and the first apartment had been obtained for them. Landlord couldn't recover another apartment for himself. Landlord appealed.

Giatas v. DHCR: Index No. 18939/94 (3/1/95) (Sup. Ct. Queens; Polizzi, J) [7-page document]