Landlord Proved Good-Faith Intent to Use Tenants' Apartments

LVT Number: #22969

Landlord sued to evict five rent-stabilized tenants, claiming that he intended in good faith to occupy tenants' apartments as part of his primary residence in New York City. The court ruled for landlord after a trial. Tenants appealed and lost. Landlord presented credible proof of his plan to use the fourth and fifth floors of the brownstone building as a combined duplex apartment. The building was close to landlord's Manhattan office, and landlord's current living situation in a cramped apartment didn't allow his two sons to comfortably visit him.

Landlord sued to evict five rent-stabilized tenants, claiming that he intended in good faith to occupy tenants' apartments as part of his primary residence in New York City. The court ruled for landlord after a trial. Tenants appealed and lost. Landlord presented credible proof of his plan to use the fourth and fifth floors of the brownstone building as a combined duplex apartment. The building was close to landlord's Manhattan office, and landlord's current living situation in a cramped apartment didn't allow his two sons to comfortably visit him. Landlord also had retained an architect and contractor to do the remodeling work and showed he had the means to pay for the planned construction.

Brown v. Robards: NYLJ, 10/21/10, p. 28, col. 6 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)