Landlord's Father-in-Law Already Recovered One Apartment

November 1, 2001

LVT Number: 15369

Facts: Landlord co-owned a building and sued to evict rent-stabilized tenant based on owner occupancy. Tenant claimed that the building's other co-owner, who was landlord's father-in-law, had already recovered an apartment for his own use. So, tenant claimed, landlord was barred from recovering another apartment under the Rent Stabilization Law. Court: Tenant wins. If there is more than one individual building owner, the law permits only one of them to recover an apartment for owner occupancy.

Facts: Landlord co-owned a building and sued to evict rent-stabilized tenant based on owner occupancy. Tenant claimed that the building's other co-owner, who was landlord's father-in-law, had already recovered an apartment for his own use. So, tenant claimed, landlord was barred from recovering another apartment under the Rent Stabilization Law. Court: Tenant wins. If there is more than one individual building owner, the law permits only one of them to recover an apartment for owner occupancy.

Salaj v. Welsh: NYLJ, 10/31/01, p. 22, col. 1 (Civ. Ct. Queens; Kramer, J)

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