Landlord Can Seek Apartment for Son and Son's Fiancee

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for his son's use. Tenant asked the court to dismiss the case without holding a trial. Tenant claimed that landlord's nonrenewal notice didn't contain enough information for tenant to respond. Tenant also claimed that landlord filed the case in bad faith. The court ruled against tenant. The nonrenewal notice stated that tenant's next-door neighbor was moving out. It also stated that landlord wished to combine the neighbor's apartment with tenant's apartment so that landlord's son and the son's fiancee could move into a substantially larger apartment than the one they now lived in. The nonrenewal notice was sufficient. It stated landlord's desire not to renew tenant's lease, the reasons for the nonrenewal, and that if tenant didn't move out by the end of his current lease, landlord would start an eviction proceeding in court. In addition, tenant's claim that landlord was acting in bad faith wasn't supported by any statement of facts. Landlord could proceed with the case, although tenant was entitled to pretrial questioning of landlord and landlord's son.

Malafis v. Rosario: NYLJ, 1/17/08, p. 27, col. 1 (Civ. Ct. Kings; Heymann, J)