Landlord Can't Get Apartment for Daughter
LVT Number: 8492
last pg.:Landlord in White Plains applied for permission not to renew tenant's lease. Landlord sought the apartment for occupancy by his daughter. The DRA ruled for landlord, finding that landlord was proceeding in good faith to recover the apartment for his daughter. The DRA also found that landlord showed an immediate and compelling need to recover the apartment. Landlord's daughter had returned to the New York metropolitan area after graduating college. She wanted to live in the area and didn't have her own apartment. She was currently living in another apartment in East White Plains, which landlord kept for her. Landlord no longer wished to retain that apartment. Tenant appealed the DRA's decision. The DHCR ruled for tenant. Landlord didn't prove immediate and compelling necessity. Landlord showed only that he wanted to recover tenant's apartment---not that he needed to. Landlord may presumably pay his daughter's rent wherever she lives. The convenience or economic advantage landlord would gain by housing his daughter in a building he owned didn't amount to compelling necessity.
Travis: DHCR Adm. Rev. Dckt. Nos. GL 910218-RT (12/10/93) [12-page document]
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