Landlord Need Not Offer Equivalent Apartment in Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Landlord asked the court to dismiss the case without a trial. Tenant claimed that she was disabled and that landlord therefore was required by Rent Stabilization Code Section 2524.4(a)(2) to offer her an equivalent or better apartment in the neighborhood. The court ruled against tenant. Landlord's failure to offer an equivalent apartment in the nonrenewal notice didn't warrant dismissal of the case. Tenant raised her claim of disability as a defense but hadn't yet proved it. And landlord hadn't yet proved that he genuinely intended to use tenant's apartment for his own use. Landlord's nonrenewal notice stated that, if tenant was a senior citizen or disabled, she should immediately notify landlord. Tenant didn't do so until the first court date, and then four months later, in her written answer.

Borg v. Santos: NYLJ, 9/18/07, p. 27, col. 1 (Civ. Ct. Kings; Heymann, J)