TOA Construction Co. v. Tsitsires

Andrias, J. (dissenting).

Because the majority, in the guise of protecting “those landlords who can establish that they are acting in good faith to return underutilized housing to the market,” is in reality facilitating a notorious slumlord’s 20-year effort to empty its building of all tenants by evicting respondent tenant from his rent-stabilized apartment in the landmarked Windermere on the dubious ground that he has abandoned the only home he has had for the past 35 years to take up residence in the city’s streets and parks, I dissent. Not, as the majority suggests, because of undue…