Landlord Wants Apartment for Son

March 1, 2002

LVT Number: 15639

Landlord sued to evict rent-stabilized tenant to recover an apartment for her adult son who lived with her in a small first-floor apartment. Tenant lived in two apartments in the building. He rented the first one in 1973. In 1978, he rented a studio apartment above his first apartment to have a separate bedroom. Tenant claimed that since the second apartment was rent stabilized under the ETPA, the 20-year tenant occupancy rule barring owner occupancy eviction applied. The court ruled for tenant.

Landlord sued to evict rent-stabilized tenant to recover an apartment for her adult son who lived with her in a small first-floor apartment. Tenant lived in two apartments in the building. He rented the first one in 1973. In 1978, he rented a studio apartment above his first apartment to have a separate bedroom. Tenant claimed that since the second apartment was rent stabilized under the ETPA, the 20-year tenant occupancy rule barring owner occupancy eviction applied. The court ruled for tenant. Although tenant had occupied the second apartment for fewer than 20 years, the two apartments were considered one unit, and tenant had moved into the first apartment more than 20 years ago.

Maris v. Summer: NYLJ, 2/6/02, p. 19, col. 3 (Civ. Ct. NY; Schneider, J)

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