Landlord Didn't Prove In-Laws Would Occupy Apartment

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord wanted the second-floor apartment because the rent was $470. Landlord claimed that he wanted it for his father-in-law and mother-in-law. Landlord's father-in-law had moved from Poland and was living in New Jersey in landlord's house. Landlord's mother-in-law still lived in Poland. Landlord claimed that she would be moving over after getting through immigration technicalities. Landlord also claimed that his father-in-law couldn't walk very far and the second-floor apartment would be suitable for him. After a trial, the court ruled against landlord. Landlord's father-in-law didn't testify. His mother-in-law wasn't here to occupy the apartment, and landlord's claim that she was moving over soon was mere speculation. So it didn't seem believable to the court that landlord would want to move his unwell father-in-law into an apartment alone, away from his family.

Shepanzyk v. Hicki: NYLJ, 4/3/02, p. 20, col. 1 (Civ. Ct. Kings; Marton, J)