Landlord Can't Recover Apartment for Personal Use

Landlord sued to evict rent-stabilized tenant, claiming that he needed the apartment for his own use. Tenant claimed that landlord didn't have the good-faith intent to occupy the apartment. Landlord previously recovered another apartment in the same building in 2007, claiming that he intended to live there with his family. But tenant proved at trial that landlord never moved into the previously recovered apartment. Instead, he rented it out and tripled the rent. Landlord claimed that his oldest daughter lived in the previously recovered apartment, but she was a teenager at the time and the court didn't believe landlord. The court ruled for tenant and dismissed the case, finding that landlord lacked the good-faith intent to occupy tenant's apartment.

Wu v. Sanchez: Index No. 073319/10, NYLJ No. 1202540740786749 (Civ. Ct. Kings; 1/18/12; Fitzpatrick, J)