Opinion
November 19, 1984
Appeal from the Supreme Court, Kings County (Held, J.).
Judgment reversed, on the law, without costs or disbursements, determination confirmed and petition dismissed on the merits.
The issue of petitioner's good faith presented a question of fact to be determined by the administrative agency (see Matter of Asco Equities v McGoldrick, 285 App. Div. 381, aff'd. 309 N.Y. 738; Matter of Acevedo v Weaver, 6 A.D.2d 835). This record contains substantial evidence to support the determination that petitioner lacked good faith in seeking the tenants' eviction so that she could occupy their apartment herself, and, accordingly, Special Term should not have disturbed that determination.
We also note that a recent amendment to the Administrative Code of the City of New York prohibits the eviction, inter alia, of certain elderly and long-term rent-controlled tenants where the landlord seeks to recover possession of the premises for his or her own personal use and occupancy (Administrative Code of City of New York, § Y51-6.0, subd b, par [1], as amd by L 1984, ch 234, § 1). It is undisputed that respondent Rudy Klaus is 67 years of age and has resided in the subject apartment for over 20 years. As the tenants currently remain lawfully in possession of the apartment, this enactment bars their eviction. Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.