Landlords Get Apartment for Their Daughter

August 31, 2006

LVT Number: 19071

Landlords, husband and wife, sued to evict rent-stabilized tenant. Landlords claimed that they needed tenant's apartment for their daughter. The wife's brother and sister-in-law were immigrating to the United States and planned to live with landlords. The court ruled for landlord. Tenant appealed, arguing, for the first time, that landlords didn't prove their case, because their daughter didn't testify at the trial. The appeals court ruled against tenant. Since tenant didn't raise this issue at trial, landlord wasn't given a chance to respond.

Landlords, husband and wife, sued to evict rent-stabilized tenant. Landlords claimed that they needed tenant's apartment for their daughter. The wife's brother and sister-in-law were immigrating to the United States and planned to live with landlords. The court ruled for landlord. Tenant appealed, arguing, for the first time, that landlords didn't prove their case, because their daughter didn't testify at the trial. The appeals court ruled against tenant. Since tenant didn't raise this issue at trial, landlord wasn't given a chance to respond. So tenant couldn't raise it now for the first time. Also, landlords presented sufficient proof of their good-faith intent to use tenant's apartment for their daughter.

Horsford v. Bacott: NYLJ, 8/21/06, p. 31, col. 3 (App. Div. 1 Dept.; Tom, JP, Andrias, Friedman, Williams, Sweeny, JJ)

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