Landlord Didn't Prove Good-Faith Intent to Occupy Apartment

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for use as a residence for herself and her husband. The trial court ruled against landlord, who appealed and lost. Landlord claimed that she wanted to live closer to her aging parent and stepparent, and wanted to live in Manhattan because it was convenient for her law practice and her legally blind husband. Landlord had made the same claim in a prior owner-use proceeding brought against another tenant in the same building. The prior case was dismissed on procedural grounds, and landlord and the other tenant later signed an agreement by which that tenant moved out. But landlord never moved into other tenant's apartment. The trial court's finding that landlord didn't have a good-faith intent to primarily reside in tenant's small fourth- and fifth-floor duplex walk-up apartment was supported by the record, particularly in light of the physical ailments of landlord and her husband.

Riley v. Ansis: NYLJ, 9/23/10, p. 28, col. 4 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)