Landlord Not Barred by 1979 Stipulation

April 30, 1996

LVT Number: 10553

Landlord sued to evict rent-stabilized tenant so that landlord's daughter could move into the apartment. The court ruled for landlord, finding that he sought the apartment in good faith as the primary residence of an immediate family member. Tenant appealed, claiming that landlord was barred by the terms of a 1979 court stipulation discontinuing a prior owner-occupancy proceeding by landlord. The appeals court ruled against tenant. The prior stipulation stated that landlord would discontinue the eviction action and that tenant would use a different building entrance.

Landlord sued to evict rent-stabilized tenant so that landlord's daughter could move into the apartment. The court ruled for landlord, finding that he sought the apartment in good faith as the primary residence of an immediate family member. Tenant appealed, claiming that landlord was barred by the terms of a 1979 court stipulation discontinuing a prior owner-occupancy proceeding by landlord. The appeals court ruled against tenant. The prior stipulation stated that landlord would discontinue the eviction action and that tenant would use a different building entrance. Landlord didn't permanently give up his right to seek the apartment for owner occupancy. The circumstances this time were also different.

Monacelli v. Farrington: NYLJ, p. 25, col. 1 (4/10/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

Topics

More like this