Landlord Didn't Prove He Needed Apartment for Super's Use

Landlord asked the DHCR for permission not to renew tenant's lease. Landlord claimed that he needed the apartment for the building superintendent. The DRA ruled against landlord. Landlord appealed and lost. Landlord didn't prove good faith and an immediate and compelling need for tenant's apartment. Landlord sought tenant's two-bedroom apartment because he claimed that the super would live there with his wife, child, and parents. But landlord didn't submit any proof of this. Tenant had pointed out that other two-bedroom apartments in the building had become available. Landlord claimed that the super's parents couldn't walk to these upper-floor apartments. But tenant also claimed that landlord had converted several two-bedroom apartments on the lower floors to one-bedroom apartments. Landlord didn't show an immediate and compelling necessity for tenant's apartment.

Gesmundo: DHCR Adm. Rev. Dckt. No. RL910008RO (2/20/04) [3-pg. doc.]