Landlord Can't Evict for Overcrowding

March 1, 2002

LVT Number: 15690

Facts:Landlord rented rent-stabilized apartment to husband and wife tenants. Tenants had one daughter. Later, a second daughter was born. Landlord renewed tenant's lease at least twice. Landlord later terminated tenant's lease and sued to evict them for overcrowding. Tenant's lease and local law said only three people could occupy the apartment. Courts:Landlord loses. Landlord knew or should have known that tenants had a second child before last renewing tenant's lease. This reasonably caused tenants to believe their occupancy was legal.

Facts:Landlord rented rent-stabilized apartment to husband and wife tenants. Tenants had one daughter. Later, a second daughter was born. Landlord renewed tenant's lease at least twice. Landlord later terminated tenant's lease and sued to evict them for overcrowding. Tenant's lease and local law said only three people could occupy the apartment. Courts:Landlord loses. Landlord knew or should have known that tenants had a second child before last renewing tenant's lease. This reasonably caused tenants to believe their occupancy was legal.

ATM Three LLC v. Canas: NYLJ, 2/20/02, p. 25, col. 1 (Dist. Ct. Nassau; Gartner, J)

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