Tenant Didn't Prove Retaliatory Eviction

June 30, 2002

LVT Number: 15912

Landlord sued to evict rent-stabilized tenant for refusing to sign a lease and for using the basement level of his multifloor apartment as sleeping quarters, in violation of the building's C of O. Tenant claimed retaliatory eviction. He said landlord was trying to make him sign a lease that gave him fewer rights than his original 1974 lease. Landlord asked the court to dismiss that claim. The court ruled for landlord. Tenant appealed and lost. Landlord didn't know there was a 1974 lease, and tenant never produced it until the case began.

Landlord sued to evict rent-stabilized tenant for refusing to sign a lease and for using the basement level of his multifloor apartment as sleeping quarters, in violation of the building's C of O. Tenant claimed retaliatory eviction. He said landlord was trying to make him sign a lease that gave him fewer rights than his original 1974 lease. Landlord asked the court to dismiss that claim. The court ruled for landlord. Tenant appealed and lost. Landlord didn't know there was a 1974 lease, and tenant never produced it until the case began. In fact, if landlord had relied on the 1974 lease, he could have been charging tenant a higher rent. And tenant's use of the basement level for sleeping quarters was against the law. So tenant couldn't claim that landlord was trying to evict him after tenant sought to enforce his legal rights. Tenant's retaliatory eviction claim was properly dismissed.

Ghadamian v. Channing: NYLJ, 6/10/02, p. 18, col. 6 (App. Div.1 Dept.; Nardelli, JP, Sullivan, Wallach, Rubin, JJ)

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