Landlord Can't Evict Long-Term Tenant

Facts: Landlord sued to evict rent-stabilized tenant so that landlord's daughter could move into the apartment when she got married. Tenant had lived in the apartment for 27 years. There was also another apartment in the building that was available when landlord sent tenant the nonrenewal notice. Landlord claimed that her son was living in that other apartment. Court: Landlord loses. Since tenant had lived in the apartment for more than 20 years, the ETPA barred her eviction based on owner occupancy. Also, landlord didn't show that she had acted in good faith. Other tenants testified that they saw tenant's son in the building only when he came to fix things. He didn't have a phone in the apartment and received mail at another address. Landlord couldn't show that her son paid her rent, even though he claimed he did. Landlord didn't prove that her son lived in the apartment that tenant claimed was vacant.

Kamenoff v. Ormaza: NYLJ, 11/1/00, p. 31, col. 2 (Civ. Ct. Queens; Katz, J)