Landlord Didn't Prove Need to Get Apartment for Son

January 1, 2001

LVT Number: 14646

Landlord sued to evict rent-stabilized tenant so that landlord's son could move into the apartment above landlord's. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that it was medically necessary for his son to live above him. But landlord submitted no proof of his son's supposed medical condition, his son already lived nearby, and his son didn't testify at the trial. The lower court properly found that landlord didn't prove he needed the apartment for his son.

Landlord sued to evict rent-stabilized tenant so that landlord's son could move into the apartment above landlord's. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that it was medically necessary for his son to live above him. But landlord submitted no proof of his son's supposed medical condition, his son already lived nearby, and his son didn't testify at the trial. The lower court properly found that landlord didn't prove he needed the apartment for his son.

Jordan v. McCauley: NYLJ, 12/28/00, p. 22, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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