Landlord Didn't Prove Good Faith Intent

February 10, 2017

LVT Number: #27479

Landlord sued to evict rent-stabilized tenant in order to recover the unit for her son’s use as a primary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t establish a good faith intention for a family member to occupy the apartment. There was ample support for the trial court’s finding that landlord instead wanted to recover the apartment for use as an office for landlord’s construction business.

 

 

 

Landlord sued to evict rent-stabilized tenant in order to recover the unit for her son’s use as a primary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t establish a good faith intention for a family member to occupy the apartment. There was ample support for the trial court’s finding that landlord instead wanted to recover the apartment for use as an office for landlord’s construction business.

 

 

 
Feria v. Johnson, 54 Misc.3d 131(A), 2017 NY Slip Op 50032(U) (App. T. 2 Dept.; 1/5/17; Pesce, PJ, SOlomon, Elliot, JJ)

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