Malafis et al. v. Shannon

On May 2, 2002, in Malafis et al. v. Shannon, Index No. L&T 101887/01 (Civ. Ct. Kings Co., May 2, 2002) (Marton, J.H.C.), a notable ruling was issued recognizing the right of an owner to recover a rent stabilized apartment for use by his son. Kucker Marino Winiarsky & Bittens, LLP represented the landlord/owner in this owner-occupancy summary holdover case. Ultimately, the court held that the landlord had proved his prima facie case and owners were entitled to possession of rent stabilized apartment unit for use by owners’ son. The court determined the landlord established good faith since eviction was sought with honest intention and desire to gain possession of the subject premises for use by their son. The availability of other apartments renting for higher sums did not establish lack of good faith. Court also explained that owner was not required to occupy an apartment that was not controlled and thus diminish its income.