Landlord Didn't Explain Why He Needed Apartment for Daughter

January 1, 2009

LVT Number: #20920

Landlord sued to evict rent-stabilized tenant so that his daughter could live in the apartment. Tenant asked the court to dismiss the case. He claimed that landlord's lease nonrenewal notice didn't state sufficient facts upon which to base an owner-occupancy claim. The court ruled for tenant. Landlord appealed and lost. Landlord's notice stated merely that he bought the building in 1993 and that his daughter intended to occupy the apartment as her primary residence.

Landlord sued to evict rent-stabilized tenant so that his daughter could live in the apartment. Tenant asked the court to dismiss the case. He claimed that landlord's lease nonrenewal notice didn't state sufficient facts upon which to base an owner-occupancy claim. The court ruled for tenant. Landlord appealed and lost. Landlord's notice stated merely that he bought the building in 1993 and that his daughter intended to occupy the apartment as her primary residence. The notice didn't state the reason why landlord wanted the apartment for his daughter's use or have any bearing upon his good-faith intentions.

Isdahl v. Pogliani: NYLJ, 12/3/08, p. 40, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

Topics

More like this