Landlord Need Not Provide Alternate Housing

March 1, 1993

LVT Number: 6774

Landlord sued to evict tenants. The appeals court reversed a trial court ruling for tenant, and awarded landlord possession. Tenants then asked to re-argue their case. The appeals court denied their request. Tenants then asked the trial court to modify the judgment of the appeals court to order landlord to offer them alternate accommodations under Section 26-511(c)(9)(b) of the rent stabilization law. The trial court did so, and landlord appealed. The appeals court found that the trial court had no authority to modify an appeals court judgment.

Landlord sued to evict tenants. The appeals court reversed a trial court ruling for tenant, and awarded landlord possession. Tenants then asked to re-argue their case. The appeals court denied their request. Tenants then asked the trial court to modify the judgment of the appeals court to order landlord to offer them alternate accommodations under Section 26-511(c)(9)(b) of the rent stabilization law. The trial court did so, and landlord appealed. The appeals court found that the trial court had no authority to modify an appeals court judgment. Landlord didn't have to offer tenants alternate housing

[Cuevas v. Albornoz: NYLJ, p. 30, col. 1 (2/4/93) (App. T. 2 Dept.; Aronin, JP, Joy, Scholnick, JJ)].

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