Landlord Wants Tenant's Larger Apartment

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that there were other vacant apartments in the building. The court ruled for landlord. Tenant appealed and lost. Landlord proved his good-faith intent to live in tenant's apartment. Landlord lived in the same building in a studio apartment. Tenant's apartment was larger than landlord's apartment and had a better view than the other available apartments. The recorded telephone conversation between landlord and tenant that tenant presented at trial, which discussed landlord's alternatives, was consistent with landlord's intent to move into tenant's apartment and live there.

Ellis v. Epstein: NYLJ, 7/17/03, p. 18, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel- Jacob, JJ)