Landlord's Owner-Occupancy Case Wasn't Premature

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord lived in Westchester with his family and claimed that he intended to renovate the nine-unit building into a single-family residence for himself and his family. Tenant claimed that landlord had no intent to use the building for his family's residence, and asked the court to dismiss the case without a trial for a number of reasons. The court ruled against tenant. Landlord's petition stated a valid claim, which would have to be proved at trial. Landlord's lease nonrenewal notice was sufficient because it reasonably advised tenant of the facts behind landlord's claim. Tenant also claimed that landlord's case was premature because other tenants still lived in the building. But the amount of time needed before landlord could start eviction proceedings or obtain possession of other apartments didn't bar landlord from proceeding against tenant. And in a prior case, the court permitted landlord to proceed against another tenant in the building for the same reason. So tenant couldn't claim as a defense that the case was premature.

Bianco v. Howard: 27 Misc.3d 1214(A), 2010 N.Y. Slip Op. 50743(U)(4/28/10)(Civ. Ct. NY; Lebovits, J)