Landlord Proved Good-Faith Intent to Demolish Hotel

March 1, 1995

LVT Number: 9512

A DHCR decision gave landlord permission to evict SRO tenant so it could tear down the hotel and put up a new commercial building on the site. Tenant appealed, and lost. Tenant appealed again, and the appeals court also ruled for landlord. The DHCR decision had been based on a thorough inquiry. Landlord had demonstrated a good-faith intention to demolish the SRO hotel to put up another building. And landlord's relocation housing plan, which was offered to all hotel tenants, had been approved by the DHCR. So, there was no reason to revoke the DHCR ruling.

A DHCR decision gave landlord permission to evict SRO tenant so it could tear down the hotel and put up a new commercial building on the site. Tenant appealed, and lost. Tenant appealed again, and the appeals court also ruled for landlord. The DHCR decision had been based on a thorough inquiry. Landlord had demonstrated a good-faith intention to demolish the SRO hotel to put up another building. And landlord's relocation housing plan, which was offered to all hotel tenants, had been approved by the DHCR. So, there was no reason to revoke the DHCR ruling.

Baba v. 1133 Building Corp: 619 NYS2d 41 (1994) (App. Div. 1 Dept.; Murphy, JP, Rosenberger, Ross, Rubin, Williams, JJ)

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