Landlord Gets Apartment Despite Out-of-State Home Ownership

February 1, 1995

LVT Number: 9437

Landlord sued to evict tenant so he could use the apartment for his family's use. Landlord and his wife lived in Apt. 5A, and wanted to enlarge their apartment to include Apt. 4A because they were expecting a child. Tenant argued that landlord wasn't entitled to the apartment because he owned a house in Massachusetts, which was his primary residence. The court agreed with tenant, and landlord appealed. The appeals court ruled for landlord.

Landlord sued to evict tenant so he could use the apartment for his family's use. Landlord and his wife lived in Apt. 5A, and wanted to enlarge their apartment to include Apt. 4A because they were expecting a child. Tenant argued that landlord wasn't entitled to the apartment because he owned a house in Massachusetts, which was his primary residence. The court agreed with tenant, and landlord appealed. The appeals court ruled for landlord. The court should have decided the case based on whether landlord intended to use the apartment as his primary residence, not on where his primary residence was currently located. Landlord and his wife's testimony proved that they intended to use tenant's apartment as their primary residence.

Bejoian v. Bloomfield: NYLJ, p. 28, col. 5 (1/11/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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