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

June 11, 2015

LVT Number: #26199

Landlord sued to evict rent-stabilized tenants in order to recover the apartment for use by his daughter and her family as their primary residence. The court ruled against landlord, who appealed and lost. Landlord didn’t prove good-faith intent. Landlord’s agent testified that landlord was willing to wait 10 years to recover tenant’s apartment if tenants agreed to a monthly rent increase from $1,300 to $7,000. Landlord also had refused to renew another tenant’s lease on owner-occupancy grounds.

Landlord sued to evict rent-stabilized tenants in order to recover the apartment for use by his daughter and her family as their primary residence. The court ruled against landlord, who appealed and lost. Landlord didn’t prove good-faith intent. Landlord’s agent testified that landlord was willing to wait 10 years to recover tenant’s apartment if tenants agreed to a monthly rent increase from $1,300 to $7,000. Landlord also had refused to renew another tenant’s lease on owner-occupancy grounds. But instead of starting an eviction proceeding, landlord made an agreement allowing tenant to remain in the apartment for three years at a higher rent. When landlord eventually recovered that apartment, he rented it at market rent instead of occupying it.

 

 

Samra v. Messeca: 2015 NY Slip Op 50825(U), 2015 WL 3369276 (App. T. 1 Dept.; 5/22/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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