Landlord Can't Evict Rent-Stabilized Tenants for Staircase Installation

Landlord sued rent-stabilized tenants, seeking a court order to make them provide access to their apartments so that landlord could install new staircases in the building. Landlord also sought removal of tenants from their apartments until apartment renovations, including new floors, were completed. Landlord claimed that it had offered tenants temporary relocation housing, but failed to show that it was comparable to tenants' apartments or that it was adequate to accommodate their needs. Tenants asked the court to dismiss the case and claimed that landlord had offered only permanent relocation housing without reimbursement of moving expenses. The court ruled for tenants. Landlord didn't claim that tenants refused access to make repairs or improvements and failed to outline any circumstances under which it could evict rent-stabilized tenants, either permanently or temporarily. Landlord instead should seek a certificate of eviction from the DHCR and an order to vacate from HPD. HPD would then assist tenants with relocation if an order was issued directing such removal. 

Sandy Realty LLC v. Burnett: Index No. 155574/2016, NYLJ No. 1202794047564 (Sup. Ct. NY; 6/14/17; Billings, J)