Landlord Can't Recover Apartment for Daughter and Granddaughter

March 1, 2005

LVT Number: 17925

Landlord asked the DHCR for permission to evict rent-controlled tenant for owner occupancy. Landlord claimed that he needed the apartment because daughter's husband was in jail and being deported. So landlord needed the apartment for his daughter and granddaughter. The DRA ruled against landlord. Landlord appealed and lost. The DRA had held a hearing and, after testimony, found that landlord wasn't acting in good faith. Landlord admitted that his daughter hadn't been living with her mother-in-law, although he previously stated this in his application.

Landlord asked the DHCR for permission to evict rent-controlled tenant for owner occupancy. Landlord claimed that he needed the apartment because daughter's husband was in jail and being deported. So landlord needed the apartment for his daughter and granddaughter. The DRA ruled against landlord. Landlord appealed and lost. The DRA had held a hearing and, after testimony, found that landlord wasn't acting in good faith. Landlord admitted that his daughter hadn't been living with her mother-in-law, although he previously stated this in his application. And landlord's son-in-law was no longer in jail and hadn't been deported. So landlord didn't show immediate and compelling necessity to recover tenant's apartment.

DelPonte: DHCR Adm. Rev. Dckt. No. SH220035RO (1/11/05) [3-pg. doc.]

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