Landlord's Son Didn't Testify

January 1, 2004

LVT Number: 17048

Landlord sued to evict rent-stabilized tenant so that his 18-year-old son could move into the apartment. Landlord's son didn't testify at trial. The court ruled against landlord. The court found that landlord didn't prove his good-faith intent to use the apartment for his family member's occupancy. Landlord claimed that the family lived in a house where his son shared a bedroom with a younger son. The two boys fought, and the son needed his own apartment to study. Landlord also said that his son would manage the building.

Landlord sued to evict rent-stabilized tenant so that his 18-year-old son could move into the apartment. Landlord's son didn't testify at trial. The court ruled against landlord. The court found that landlord didn't prove his good-faith intent to use the apartment for his family member's occupancy. Landlord claimed that the family lived in a house where his son shared a bedroom with a younger son. The two boys fought, and the son needed his own apartment to study. Landlord also said that his son would manage the building. Landlord claimed that his son couldn't testify because he was in school on the day of the trial. But landlord didn't seek a delay so that his son could appear in court. To show good faith, landlord's son had to testify.

Harrilal v. Bennett: NYLJ, 12/17/03, p. 21, col. 1 (Civ. Ct. Kings; Marton, J)

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