Landlord Didn't Offer Alternative Housing to Senior

Landlord sued to evict rent-stabilized tenant so that he could recover the apartment for his own use. Tenant claimed that landlord didn't offer him alternative housing. Tenant was 66 years old. The Rent Stabilization Code required landlord to offer alternative housing to senior citizens in owner occupancy cases. Tenant asked the court to dismiss the case. Landlord argued that the Rent Stabilization Code permitted him to make the relocation offer during the course of the court case. The court ruled for tenant and dismissed the case. After landlord sent the lease nonrenewal notice in April 2003, tenant's attorney advised landlord in May 2003 and again in August 2003 that tenant was a senior citizen entitled to an offer of alternative housing. Landlord asked for no further proof of tenant's age and stated in his court papers that upon information and belief, tenant was under the age of 62. Landlord's obligation to offer alternative housing became effective when landlord learned that tenant was elderly. Landlord was further required to state in his court petition that he had made this offer and to prove it at trial.

Croman v. Leighton: NYLJ, 7/21/04, p. 18, col. 3 (Civ. Ct. NY; Schneider, J)