Landlord Didn't Prove Good Faith Intent to Recover Apartment for Daughter

Landlord sued to evict rent-stabilized tenant so that his adult daughter could live in the apartment with her husband. The court ruled against landlord and dismissed the case. At trial, landlord and his daughter testified that the daughter wouldn't pay rent but would manage the six-unit building for landlord. The apartment was preferable to her current residence because it was larger and had access to a backyard.

While plausible, the court found that landlord didn't prove the good faith intent required to establish a right to owner occupancy. In 2006, landlord had sued to evict another building tenant on the same grounds, but his daughter didn't move in when landlord gained possession of that apartment. Landlord settled that case; the tenant moved out and was paid $25,000. Landlord's daughter stated that she didn't move in because she had met her future husband and moved in with him instead.

Also, in 2001, landlord sued to evict another building tenant on the same grounds. His daughter was then a senior in high school. He lost that case, but the daughter didn't move into that apartment when it became vacant nine years later. And tenant's daughter currently lived a few blocks from landlord's building and documents showed that the two apartments had similar layouts and were roughly the same size. Landlord's daughter also had testified that landlord had promised to remove part of the building's rear wall and build stairs to the backyard from the rear of the apartment. But landlord had not engaged an architect or engineer to draw plans, and no permit to do the work had been sought.

Drapala v. Pasan: 47 Misc.3d 1205(A), 2015 NY Slip Op 50439(U) (Civ. Ct. Kings; 3/23/15; Marton, J)