Landlord Can't Recover Tenant's Small Apartment for 11-Member Family

Landlord sued to evict rent-stabilized tenant to recover apartment for use by his brother, sister-in-law, and their nine children, who lived elsewhere in a small apartment. Tenant claimed that landlord wasn't acting in good faith since tenant's apartment was only 556 square feet. Landlord claimed that his intent was to combine tenant's apartment with another apartment in the building. The tenant of the other apartment owed $15,000 in back rent, and landlord had started a nonpayment proceeding against him. The court ruled for tenant and dismissed the case. If landlord intended to recover and combine the two apartments, he could have sent lease nonrenewal notices to both tenants. Landlord hadn't recovered the other apartment and didn't state that he would otherwise seek the other apartment if he lost the nonpayment case. 

Goldman v. Efigeiena: Index No. 087066/2012, NYLJ No. 1202625413996 (Civ. Ct. Kings; 10/8/13; Sikowitz, J)