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

December 1, 2011

LVT Number: #23779

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that he intended to live in tenant's apartment. The court ruled against landlord, finding that he didn't prove his good-faith intent to live in the apartment. First, landlord had advertised and tried to sell the building after sending tenant a lease nonrenewal notice. Second, landlord didn't move into a similar apartment in the building that had been vacant three months before he sent tenant the nonrenewal notice.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that he intended to live in tenant's apartment. The court ruled against landlord, finding that he didn't prove his good-faith intent to live in the apartment. First, landlord had advertised and tried to sell the building after sending tenant a lease nonrenewal notice. Second, landlord didn't move into a similar apartment in the building that had been vacant three months before he sent tenant the nonrenewal notice. Finally, landlord claimed that he wanted tenant's apartment because it had potential access to the building's backyard. But he hadn't taken any steps to determine if this was feasible.

Austin v. O'Brien: Index No. 64322/10, NYLJ No. 1202533619549 (Civ. Ct. Kings; 11/14/11; Scheckowitz, J)

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