Landlord Proved Intent to Use Apartment as Primary Residence

March 1, 1999

LVT Number: 13046

Landlord sued to evict tenant to recover rent-stabilized apartment for her own occupancy. The court ruled for landlord, and tenant appealed, claiming landlord hadn't proved her case. The appeals court ruled against tenant. Landlord proved in court that she intended to live in the apartment as her primary residence, which was what she was required to prove under the Rent Stabilization Code.

Landlord sued to evict tenant to recover rent-stabilized apartment for her own occupancy. The court ruled for landlord, and tenant appealed, claiming landlord hadn't proved her case. The appeals court ruled against tenant. Landlord proved in court that she intended to live in the apartment as her primary residence, which was what she was required to prove under the Rent Stabilization Code.

Minick v. Park: NYLJ, p. 29, col. 2 (2/25/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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