Landlord Can't Recover Entire Building

Facts: Landlord owned a rent-stabilized building with 15 apartments. Landlord recovered five apartments and began renovating them for owner occupancy by landlord and his family. Landlord then notified five more tenants that he wasn't renewing their leases. Landlord said he also needed their apartments for owner occupancy. Landlord's stated plan was to eventually recover all the apartments in the building so he and his family could have the whole building for personal use. Tenants sued landlord and asked the court to declare that landlord's plan violated the Rent Stabilization Law and Code. Landlord asked the court to dismiss the case. Court: Landlord loses. Landlord seemed to have the good-faith intent to occupy the building as a primary residence with his wife and their expected child. But landlord sought to withdraw all housing accommodations in the building from the rental market. So landlord was required to get DHCR's permission before attempting to regain possession of the entire building. Landlord hadn't done so. So landlord couldn't terminate tenants' leases until he got the required approval from the DHCR.

Pultz v. Economakis: NYLJ, 3/21/06, p. 19, col. 3 (Sup. Ct. NY; Soto, J)