Landlord Proves Intent to Live in Tenant's Apartment

Landlord sued to evict rent-stabilized tenant so that he, his wife, daughter, and son could live in tenant’s apartment. Landlord’s lease nonrenewal notice stated that landlord intended to live with those family members and another daughter in the apartment. But the trial court found that it was unclear when landlord’s wife and son might be able to move into the apartment and ruled against landlord. Landlord appealed and won. At trial, landlord proved that he himself intended to live in the apartment. This was enough to prove that landlord had a good-faith intention to obtain possession of the apartment for his personal use.

Moy v. Karki: 2015 NY Slip Op 51558(U), 2015 WL 6511567 (App. T. 2 Dept.; 10/15/15; Pesce, PJ, Weston, Elliot, JJ)