Landlord Didn't Offer Senior Citizen Better or Equal Apartment

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord claimed that he needed tenant's apartment for himself, his wife, and his children. Tenant claimed that landlord didn't prove his good faith intent to occupy the apartment. In addition, tenant turned 62 while the case was pending. He said that landlord didn't offer him a superior or equivalent apartment, as required by the Rent Stabilization Code. Landlord claimed that he did, although he didn't have to because tenant wasn't 62 when the case started. The court ruled for tenant and dismissed the case. If tenant became a senior citizen while the case was pending, landlord still had to offer him an alternate apartment. The apartments landlord offered weren't equal or better. Tenant lived in a parlor-floor apartment. Landlord offered tenant a basement apartment in the same building. But the basement apartment was dark and dank, received little sunlight, had lower ceilings, and was currently set up for commercial use. Landlord also offered tenant a third-floor apartment, but this was smaller than tenant's apartment and didn't have high ceilings or a fireplace. Tenant would also have to climb more stairs to reach the third-floor apartment. She had arthritis and had trouble walking up stairs. Court inspection showed that tenant's apartment had two bedrooms, a large living room, very high ceilings and windows, and two ornate fireplaces. While the third floor apartment might arguably be equivalent in size, tenant's medical condition made that apartment not equivalent.

Reznik v. Lally: L&T Index No. 52331/04 (12/5/06) (Civ. Ct. NY; Lansden, J) [19-pg. doc.]