Landlord Can't Recover Apartment for Elderly Parents

April 30, 2004

LVT Number: 17290

Landlord sued to recover rent-stabilized tenants' apartment for occupancy by landlord's elderly parents. The court ruled against landlord, finding that landlord didn't prove her good-faith intent. Landlord appealed and lost. The parents already lived in the same building in an apartment of comparable size to tenants'. Landlord claimed that tenants' apartment had a second bedroom that she needed to provide for a live-in caretaker. But the parents' apartment also had a back room that was the same size or larger than the extra room in tenants' apartment.

Landlord sued to recover rent-stabilized tenants' apartment for occupancy by landlord's elderly parents. The court ruled against landlord, finding that landlord didn't prove her good-faith intent. Landlord appealed and lost. The parents already lived in the same building in an apartment of comparable size to tenants'. Landlord claimed that tenants' apartment had a second bedroom that she needed to provide for a live-in caretaker. But the parents' apartment also had a back room that was the same size or larger than the extra room in tenants' apartment. Tenants' apartment also had a network of interior steps separating various rooms. Given the parents' disabilities, the lower court reasonably found it incredible that landlord wanted to move her parents into tenants' apartment.

Raffo v. McIntosh: NYLJ, 4/16/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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