Landlord Didn't Offer to Relocate Senior Citizen

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant asked the court to dismiss the case. Although tenant was 62 years old, landlord hadn't offered to relocate tenant, as required by the Rent Stabilization Code. The court ruled for tenant. Landlord appealed and lost. In its nonrenewal notice, landlord asked tenant to notify landlord immediately if tenant was 62 or older. Tenant did so. Landlord made no relocation offer, claiming that he didn't believe tenant. Once in court, tenant presented documents such as his birth certificate, proving that he was 62. Still, landlord made no relocation offer. Landlord claimed that he didn't have to do so until after he proved at trial that he was entitled to owner occupancy. The court disagreed. Landlord was on notice of tenant's senior citizen status before starting the court case, and got proof five months before tenant asked the court to dismiss the case.

Croman v. Leighton: NYLJ, 7/24/06, p. 33, col. 2 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)