Landlords Can Recover Apartment in Brownstone

June 30, 2002

LVT Number: 15937

Landlords, husband and wife, sued to evict rent-stabilized tenant from a brownstone building so that they could expand their occupancy of the building as their family residence. The court ruled for landlords after a trial. Tenant appealed and lost. Landlords proved their good-faith intent to use the apartment as their primary residence in New York. Landlords admitted that they eventually might use tenant's apartment as a bedroom for a child they didn't yet have. But this didn't bar their owner occupancy claim.

Landlords, husband and wife, sued to evict rent-stabilized tenant from a brownstone building so that they could expand their occupancy of the building as their family residence. The court ruled for landlords after a trial. Tenant appealed and lost. Landlords proved their good-faith intent to use the apartment as their primary residence in New York. Landlords admitted that they eventually might use tenant's apartment as a bedroom for a child they didn't yet have. But this didn't bar their owner occupancy claim. Landlords had other children and showed their intent to use the apartment as part of their family residence.

Proctor v. Barns: NYLJ, 6/3/02, p. 22, col. 3 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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