Landlord Needn't Relocate Tenant Who Lives with Senior Citizen

April 30, 1999

LVT Number: 13204

Landlord sued to evict tenant to recover rent-stabilized apartment for owner occupancy. Tenant claimed that the extended family member who lived with him was a senior citizen and that landlord was required to offer to relocate tenant to a similar apartment. Since landlord didn't do so, tenant claimed the case should be dismissed. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. The Rent Stabilization Code requires relocation in owner occupancy cases only if tenant or tenant's spouse is disabled or a senior citizen.

Landlord sued to evict tenant to recover rent-stabilized apartment for owner occupancy. Tenant claimed that the extended family member who lived with him was a senior citizen and that landlord was required to offer to relocate tenant to a similar apartment. Since landlord didn't do so, tenant claimed the case should be dismissed. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. The Rent Stabilization Code requires relocation in owner occupancy cases only if tenant or tenant's spouse is disabled or a senior citizen. This requirement doesn't apply to other family members who may live with tenant.

Arias v. Vasquez: NYLJ, p. 28, col. 3 (4/26/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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