Landlord Can Recover Garden Apartment

April 30, 2006

LVT Number: 18821

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that he had a good-faith intent to recover the apartment for his personal use. Having other available apartments in the building didn't mean landlord didn't intend to live in tenant's apartment, especially as it was the only garden apartment in the building.

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that he had a good-faith intent to recover the apartment for his personal use. Having other available apartments in the building didn't mean landlord didn't intend to live in tenant's apartment, especially as it was the only garden apartment in the building.

Delavan & Rice v. Spirounias: NYLJ, 4/7/06, p. 27, col. 1 (App. T. 1 Dept; Davis, Schoenfeld, JJ)

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