Landlord Can Recover Apartment for Son's Use

August 31, 2003

LVT Number: 16793

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that she needed the apartment for her son's primary residence. Tenant claimed retaliatory eviction for tenant's good-faith complaints to government agencies. The court ruled for landlord. Tenant's complaints were filed after landlord delivered a nonrenewal notice to tenant. So the case wasn't retaliatory. Landlord also showed a good-faith intent to have her son and his family live in the apartment. Landlord had progressing cancer and wanted her son to live nearby.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that she needed the apartment for her son's primary residence. Tenant claimed retaliatory eviction for tenant's good-faith complaints to government agencies. The court ruled for landlord. Tenant's complaints were filed after landlord delivered a nonrenewal notice to tenant. So the case wasn't retaliatory. Landlord also showed a good-faith intent to have her son and his family live in the apartment. Landlord had progressing cancer and wanted her son to live nearby.

Nagler v. Rosen: NYLJ, 8/20/03, p. 23, col. 2 (Civ. Ct. Kings; Finkelstein, J)

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