Trial Needed to Determine If Landlord Can Recover Apartment for His Son

October 29, 2018

LVT Number: #29724

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for the use of his son and daughter-in-law. After pretrial questioning, tenant asked the court to dismiss the case without trial. The court ruled against tenant, who appealed and lost. Landlord's claim rested largely on credibility concerning whether he had the good faith intention to recover the apartment for his son and daughter-in-law. This determination should be made by a trial court, which can hear testimony by witnesses and observe their demeanor in court.

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for the use of his son and daughter-in-law. After pretrial questioning, tenant asked the court to dismiss the case without trial. The court ruled against tenant, who appealed and lost. Landlord's claim rested largely on credibility concerning whether he had the good faith intention to recover the apartment for his son and daughter-in-law. This determination should be made by a trial court, which can hear testimony by witnesses and observe their demeanor in court. It would be premature to decide the case in response to papers and deposition transcripts.

Rayapudi v. Littschwager: 61 Misc.3d 127(A), 2018 NY Slip Op 51348(U) (App. T. 1 Dept.; 9/24/18; Shulman, PJ, Cooper, Edmead, JJ)

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