Landlord Can't Get Apartment

November 1, 1997

LVT Number: 11875

Landlord sued to evict rent-stabilized tenant so that he and/or his immediate family could occupy the apartment as a primary residence in New York City. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant showed in court that landlord didn't genuinely intend to occupy the apartment. So landlord didn't meet requirements needed under Rent Stabilization Code to recover the apartment for owner occupancy.

Landlord sued to evict rent-stabilized tenant so that he and/or his immediate family could occupy the apartment as a primary residence in New York City. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant showed in court that landlord didn't genuinely intend to occupy the apartment. So landlord didn't meet requirements needed under Rent Stabilization Code to recover the apartment for owner occupancy.

Kaye v. Castelli: NYLJ, p. 27, col. 2 (10/6/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis)

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