Landlord Didn't Prove Intent to Occupy Apartment for Herself and Daughter

June 30, 1995

LVT Number: 9824

Landlord sued to evict rent-stabilized tenant. Landlord claimed she needed the apartment to live in with her adult daughter. The trial court ruled for landlord and tenant appealed. The appeals court ruled for tenant and landlord appealed. The second appeals court again ruled for tenant. Landlord never proved that she had a genuine intention to occupy tenant's apartment.

Landlord sued to evict rent-stabilized tenant. Landlord claimed she needed the apartment to live in with her adult daughter. The trial court ruled for landlord and tenant appealed. The appeals court ruled for tenant and landlord appealed. The second appeals court again ruled for tenant. Landlord never proved that she had a genuine intention to occupy tenant's apartment.

Nestor v. Britt: 624 NYS2d 14 (1995) (App. Div. 1 Dept.; Rubin, JP, Ross, Nardelli, Williams, Tom, JJ)

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