Landlord Can Recover Apartment for Family Use

Landlords sued to evict rent-stabilized tenant to recover apartment for owner occupancy. Landlords husband and wife lived in the building with their two children. Tenant claimed that landlords had already recovered other apartments, had enough room, and were operating a bed and breakfast in the building. The court ruled for landlords. Under the Rent Stabilization Code, landlords can recover apartments for owner occupancy if they show a good-faith intent to occupy the apartment. Tenant's occupancy of the top-floor apartment made it very difficult for landlords to create one large connected residence without giving up significant space for added interior stairways. Now landlords had to use the main stairwell as a public area, and use the public stairwell to gain access to the other apartments they'd recovered. Tenant's bed-and-breakfast claim was far-fetched, and not supported by any proof. Landlords stated that they often had relatives visiting from Puerto Rico; the court found their explanation believable. And the fact that landlords and tenant had contentious relations in the past didn't mean this was a retaliatory eviction.

Canino v. Fogel: NYLJ, p. 23, col. 3 (9/22/93) (Civ. Ct. NY; Wendt, J)