Landlord Didn't Offer Tenant Substitute Apartment

January 1, 2007

LVT Number: 19346

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant was over the age of 62 and asked the court to dismiss the case. Tenant claimed that landlord didn't offer an equivalent or superior apartment nearby at the same or lower regulated rent. The Rent Stabilization Code requires this in owner occupancy cases involving tenants who are senior citizens. Landlord argued that he had offered tenant an alternate apartment. The court ruled for tenant. Landlord proposed to create a new and better apartment for tenant on the fifth floor of the building.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant was over the age of 62 and asked the court to dismiss the case. Tenant claimed that landlord didn't offer an equivalent or superior apartment nearby at the same or lower regulated rent. The Rent Stabilization Code requires this in owner occupancy cases involving tenants who are senior citizens. Landlord argued that he had offered tenant an alternate apartment. The court ruled for tenant. Landlord proposed to create a new and better apartment for tenant on the fifth floor of the building. Since the apartment didn't exist at the time, this was not a valid offer. Landlord also didn't propose a rent for the new apartment.

Dooling v. O'Connor: NYLJ, 12/27/06, p. 22, col. 1 (Civ. Ct. N.Y.; McClanahan, J)

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