Judge Kevin McClanahan
In this owner occupancy action brought under Rent Stabilization Code §2524.4(a), landlords sought to recover apartment 1R at the subject premises. They sent tenant a notice of non-renewal claiming they wanted the apartment for their own use. Tenant challenged the sufficiency of the predicate notice and existence of landlords' good faith intention to occupy the apartment as their primary residence. Landlord argued their oldest daughter was expecting a child and they wished to live next to her. Landlords admitted commencing a prior owner's use proceeding to take possession of apartment 2L in the premises for his daughter, but noted she decided not to move in as she was offered an "RA" position at school that provided free room and board. Thus, the court found the vacated apartment was renovated, landlords doubled the rent and rented it to a different tenant. It stated it was unconvinced landlords were acting in good faith, finding they did not call their daughter to testify, and did not explain why they could not seek to recover an apartment in their Queens building. Hence, the court ruled landlords' credibility was undermined by the prior owner-occupancy action, dismissing the proceeding with prejudice.
