Landlord Can't Get Apartment for Super's Use

LVT Number: 9191

Facts: Landlord asked the DHCR for permission to evict tenant so he could move the super into her apartment. Tenant argued that super could move into a vacant apartment in the building. She also claimed that landlord was seeking her eviction because she'd participated in a rent strike. Landlord argued that he needed to move super into tenant's apartment to improve building security. Also, landlord claimed that he'd offered to relocate tenant to another apartment, so the eviction couldn't be considered retaliatory. After a hearing, the ALJ denied landlord's application.

Facts: Landlord asked the DHCR for permission to evict tenant so he could move the super into her apartment. Tenant argued that super could move into a vacant apartment in the building. She also claimed that landlord was seeking her eviction because she'd participated in a rent strike. Landlord argued that he needed to move super into tenant's apartment to improve building security. Also, landlord claimed that he'd offered to relocate tenant to another apartment, so the eviction couldn't be considered retaliatory. After a hearing, the ALJ denied landlord's application. The DRA found that landlord didn't prove it needed tenant's apartment for the super. Landlord appealed. DHCR: Tenant wins. Landlord didn't prove that moving super into tenant's apartment would improve security. And landlord's motivation was probably retaliatory because he had no other legitimate reason to evict tenant.

Weiss: DHCR Adm. Rev. Dckt. No. FF 410405-RO (9/29/94) [5-page document]

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