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

August 31, 2001

LVT Number: 15229

Facts: Landlord sued to evict rent-stabilized tenant from an apartment. Tenant had lived there 23 years. Landlord claimed that he needed the apartment for his own residence because he was getting divorced. Landlord's mother lived in another apartment in the building. But landlord continued to live in the same house with his wife and wasn't actually separated. He didn't file for divorce until just before the trial. Neither landlord's wife nor his mother testified in support of his claim. Court: Landlord loses. The court didn't believe landlord's claim that he was getting divorced.

Facts: Landlord sued to evict rent-stabilized tenant from an apartment. Tenant had lived there 23 years. Landlord claimed that he needed the apartment for his own residence because he was getting divorced. Landlord's mother lived in another apartment in the building. But landlord continued to live in the same house with his wife and wasn't actually separated. He didn't file for divorce until just before the trial. Neither landlord's wife nor his mother testified in support of his claim. Court: Landlord loses. The court didn't believe landlord's claim that he was getting divorced. Landlord didn't prove the good-faith intent to occupy tenant's apartment.

Bourdouris v. Caravella: NYLJ, 8/8/01, p. 19, col. 5 (Civ. Ct. Kings; Alterman, J)

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