Landlord Can Recover Apartment for Son's Use

May 31, 2002

LVT Number: 15851

Landlord sued to evict rent-stabilized tenant so landlord's son could live in the apartment. At the trial, landlord testified that seven people, including his son, lived with him. Soon there would be eight, since landlord's daughter was about to have a baby. Landlord's son testified that he wanted his own apartment and that the building in which tenant's apartment was located was near a subway and his job. Tenant claimed that landlord hadn't offered his son any other apartments in the building that had become vacant. The court ruled for landlord.

Landlord sued to evict rent-stabilized tenant so landlord's son could live in the apartment. At the trial, landlord testified that seven people, including his son, lived with him. Soon there would be eight, since landlord's daughter was about to have a baby. Landlord's son testified that he wanted his own apartment and that the building in which tenant's apartment was located was near a subway and his job. Tenant claimed that landlord hadn't offered his son any other apartments in the building that had become vacant. The court ruled for landlord. Landlord showed the good-faith intent to use tenant's apartment for his son. The fact that other apartments in the building might have been available didn't show any bad faith on landlord's part.

Malafis v. Shannon: NYLJ, 5/29/02, p. 23, col. 4 (Civ. Ct. Kings; Marton, J)

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