Owner Occupancy Claim Not Barred

Landlord sued to evict rent-stabilized tenant for owner occupancy by landlord's sister. Tenant asked the court to dismiss the case. Tenant claimed that co-landlord already had recovered a vacant apartment for owner occupancy purposes. Tenant pointed out that Rent Stabilization Code Section 2524.4(a)(3) permitted only one individual owner of a building, if there were more than one, to recover apartments for owner occupancy. Landlord argued that taking over a vacant apartment for owner occupancy didn't qualify as "recovery" of the apartment under rent stabilization. The court ruled against tenant. Co-landlord hadn't sued other tenant or obtained a court judgment to recover the other apartment. So there had been no prior recovery of another apartment by co-landlord under Rent Stabilization Code Section 2524.4(a)(3). Landlord could go forward with his owner occupancy case.

Lu v. Alian: NYLJ, 6/25/08, p. 29, col. 1 (Civ. Ct. Kings; Scheckowitz, J)