Landlord Can Use Brownstone as One-Family Residence

March 1, 1994

LVT Number: 8596

Landlord sued to evict rent-stabilized tenant to recover tenant's apartment for owner occupancy. The trial court ruled for landlord, and tenant appealed. Tenant questioned landlord's good faith. The appeals court ruled against tenant. Landlord claimed that she herself wanted to live in tenant's apartment, as part of an overall plan to use the brownstone building as a one-family residence. Several of landlord's adult children already lived in the building. The trial court believed landlord, and there was no reason to second-guess the evidence presented.

Landlord sued to evict rent-stabilized tenant to recover tenant's apartment for owner occupancy. The trial court ruled for landlord, and tenant appealed. Tenant questioned landlord's good faith. The appeals court ruled against tenant. Landlord claimed that she herself wanted to live in tenant's apartment, as part of an overall plan to use the brownstone building as a one-family residence. Several of landlord's adult children already lived in the building. The trial court believed landlord, and there was no reason to second-guess the evidence presented.

Nalbandian v. Turney: NYLJ, p. 24, col. 4 (2/17/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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