Landlord Didn't Show Good-Faith Intent to Occupy Apartment

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that she owned the building as an individual and that she needed the apartment for her daughter to live in. Landlord said that she planned to create a duplex apartment for herself and her three children by combining tenant's apartment with the one above. Landlord presented copies of plans submitted to DOB at trial. Tenant claimed that landlord didn't prove her good-faith intent to use the apartment for her family.
The court ruled for tenant and dismissed the case. Landlord had previously owned the building with a corporate partner. Landlord didn't record the deed transferring the building to herself. Although she was not required to do so, this put the deed transfer in question. Landlord's explanation, that her accountant and divorce attorney advised her not to record the deed, wasn't believable. So landlord didn't prove that she owned the building. Landlord also had started four similar cases against other tenants in buildings she owned. Two were dismissed for procedural reasons. Two others were settled. Landlord didn't move into any of those apartments. In addition, the building plans landlord submitted concerning tenant's apartment had a DOB identification number sticker on them that belonged to plans for a different building. Landlord couldn't explain this. The plans had been prepared by landlord's architect or engineer, who also was landlord's former corporate co-owner of the building.

Nealis v. Szpilowski: NYLJ, 7/9/08, p. 27, col. 1 (Civ. Ct. Kings; Fiorella, J)