Landlord Can Recover Duplex Apartment Despite C of O Violation

Landlord sued to evict rent-stabilized tenant in order to recover a duplex apartment for occupancy by landlord's son, the son's wife, and their two minor children. The trial court ruled against landlord, finding that landlord wasn't acting in good faith because the building's certificate of occupancy permitted residential occupancy in the upper floor of the duplex only. The court also found that there were other apartments available in the building. Landlord appealed and won. The violation of the existing certificate of occupancy didn't prevent a finding that landlord sought recovery of the apartment in good faith. Landlord proved that his son and immediate family intended to occupy the apartment as their primary residence. This was all that was required.

DeLorenzo v. Famiglietti: NYLJ, p. 30, col. 3 (5/1/96) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)