Landlord Didn't Prove Ownership of Building

April 1, 2001

LVT Number: 14860

Facts: Landlords sued to evict rent-stabilized tenant, claiming that one of them intended to live in the apartment as his primary residence in New York. The one who wanted the apartment for owner occupancy claimed that other landlord, who owned the entire building, had conveyed a portion of the building to him by deed. Court: Landlords lose. There was no believable proof that the building owner transferred any portion of the building to landlord who was seeking owner occupancy. Since landlord couldn't prove he owned the building, he couldn't evict tenant.

Facts: Landlords sued to evict rent-stabilized tenant, claiming that one of them intended to live in the apartment as his primary residence in New York. The one who wanted the apartment for owner occupancy claimed that other landlord, who owned the entire building, had conveyed a portion of the building to him by deed. Court: Landlords lose. There was no believable proof that the building owner transferred any portion of the building to landlord who was seeking owner occupancy. Since landlord couldn't prove he owned the building, he couldn't evict tenant.

Delavan v. Spirounias: NYLJ, 3/14/01, p. 19, col. 5 (Civ. Ct. NY; Cavallo, J)

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