Landlord Didn't Explain Need for Tenant's Apartment

September 30, 2004

LVT Number: 17612

Landlord sued to evict rent-stabilized tenant. Landlord said he needed tenant's apartment for owner occupancy. The trial court ruled against landlord. Landlord appealed and lost. At trial, landlord didn't explain her need for tenant's apartment. And there were inconsistencies between landlord's claim for tenant's apartment and claims she made in an earlier case to recover another tenant's apartment. So landlord didn't show the required good-faith intent to occupy tenant's apartment, and the case was correctly dismissed.

Landlord sued to evict rent-stabilized tenant. Landlord said he needed tenant's apartment for owner occupancy. The trial court ruled against landlord. Landlord appealed and lost. At trial, landlord didn't explain her need for tenant's apartment. And there were inconsistencies between landlord's claim for tenant's apartment and claims she made in an earlier case to recover another tenant's apartment. So landlord didn't show the required good-faith intent to occupy tenant's apartment, and the case was correctly dismissed.

Salazar v. Li: NYLJ, 9/22/04, p. 26, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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