Landlord Can't Force Temporary Relocation

Landlord asked the court to declare that: (a) it could replace the building staircase for tenant safety and in order to remove violations; (b) rent-stabilized tenant must relocate for about 10 days while the work was performed; and (c) tenant must pay attorney's fees for breaching his lease by failing to permit the staircase replacement to proceed. Tenant asked the court to dismiss the case, saying there was no valid claim. The court ruled for tenant. The court wasn't authorized to determine if a vacate order was needed. Only the DHCR or HPD could determine whether conditions warranted removal and relocation of tenants for their health and safety, and how they would be relocated. Landlord also hadn't proved that the proposed staircase replacement was based on an emergency. Landlord also wasn't entitled to attorney's fees because there was no lease dispute. Tenant wasn't refusing to give access for apartment repairs.

Washington Heights Holding LLC v. Soto: 2012 NY Slip Op 50221(U), 2012 WL 470453 (Sup. Ct. NY; 2/9/12; Mendez, J)