Landlord Rejected Other Available Apartments

June 30, 1995

LVT Number: 9826

Landlord sued to evict rent-stabilized tenants to recover their first-floor apartment for owner occupancy. Landlord lived in the basement apartment and wanted to move upstairs. Landlord offered tenants the opportunity to relocate to an apartment on the second floor. But one of the tenants had a health problem that made climbing steps too difficult for her. The court ruled against landlord. Since landlord bought the building two years ago, five other apartments on various floors had become available. This included another first-floor apartment.

Landlord sued to evict rent-stabilized tenants to recover their first-floor apartment for owner occupancy. Landlord lived in the basement apartment and wanted to move upstairs. Landlord offered tenants the opportunity to relocate to an apartment on the second floor. But one of the tenants had a health problem that made climbing steps too difficult for her. The court ruled against landlord. Since landlord bought the building two years ago, five other apartments on various floors had become available. This included another first-floor apartment. And all the apartments in the building were two-bedroom. Landlord didn't show that he was acting in good faith.

Samuel v. Ortiz: NYLJ, p. 30, col. 2 (6/7/95) (Civ. Ct. Kings; Callender, J)

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