Landlord Seeks One of Tenant's Two Apartments

April 1, 2003

LVT Number: 16452

Landlord sued to evict tenant from Apartment 4R, one of her two apartments, based on owner occupancy. Tenant moved into Apartment 4R in 1975. This was a rent-stabilized apartment. Tenant also was the rent-controlled tenant of apartment 4F. She moved into there in 1964. The apartments weren't connected to each other. Only Apartment 4R had a kitchen. Tenant asked the court to dismiss the case. She claimed that the two apartments made up one residence and that she was protected from owner occupancy eviction under rent control. The court ruled against tenant.

Landlord sued to evict tenant from Apartment 4R, one of her two apartments, based on owner occupancy. Tenant moved into Apartment 4R in 1975. This was a rent-stabilized apartment. Tenant also was the rent-controlled tenant of apartment 4F. She moved into there in 1964. The apartments weren't connected to each other. Only Apartment 4R had a kitchen. Tenant asked the court to dismiss the case. She claimed that the two apartments made up one residence and that she was protected from owner occupancy eviction under rent control. The court ruled against tenant. Whether tenant's two apartments made up one residence was a question of fact that required a hearing. The issue couldn't be decided this early in the case.

Davis v. Jare: NYLJ, 3/11/03, p. 19, col. 1 (Civ. Ct. NY; Schachner, J)

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