Landlord's Primary Residence Remained in Philadelphia

April 30, 2006

LVT Number: 18820

Landlord sued to evict rent-stabilized tenant so he could live in tenant's apartment. The trial court ruled against landlord. Landlord appealed and lost. Trial testimony revealed that landlord would continue to work as a symphonic musician in Philadelphia and to maintain his primary residence in a brownstone apartment building that he owned there. The trial court fairly interpreted the evidence in finding that landlord didn't have the good-faith intent to primarily reside in tenant's apartment.

Landlord sued to evict rent-stabilized tenant so he could live in tenant's apartment. The trial court ruled against landlord. Landlord appealed and lost. Trial testimony revealed that landlord would continue to work as a symphonic musician in Philadelphia and to maintain his primary residence in a brownstone apartment building that he owned there. The trial court fairly interpreted the evidence in finding that landlord didn't have the good-faith intent to primarily reside in tenant's apartment.

Khaner v. Gavin: NYLJ, 4/28/06, p. 28, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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