Landlord Didn't Prove Good-Faith Intent to Occupy Tenant's Apartment

Facts: Landlord sued to evict rent-stabilized tenant to recover his triplex apartment for owner occupancy by landlord and her daughter. The trial court and appeals court ruled against landlord. Landlord or her business associates occupied the other apartments in the brownstone building. An inspection showed that no one was living in several of the apartments landlord already occupied. Landlord also had a history of buying residential buildings in other parts of the country and not using them. The courts ruled that landlord didn't prove a good-faith intent to occupy tenant's apartment. Within a year after the appeals court's decision, landlord started a new eviction proceeding against tenant when his next renewal lease expired. Landlord again claimed it wanted the apartment for owner occupancy. The trial court ruled for landlord, and tenant appealed. Court: Tenant wins. Landlord occupied at least five other apartments in the building. The trial court---even though it ruled for landlord---found that at least one of these apartments was used infrequently. Landlord also worked in England, so her primary residence in the building was questionable. Circumstances hadn't changed substantially since landlord's prior owner occupancy case was dismissed. Landlord couldn't simply come back after tenant's next lease renewal expired and attempt eviction again.

Nestor v. Britt: NYLJ, p. 27, col. 3 (4/18/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)