No Offer to Relocate Disabled Tenant

Landlord sued to evict physically disabled rent-stabilized tenant and his mother to recover the apartment for owner occupancy. Tenant asked the court to dismiss the case without a trial because landlord's lease nonrenewal notice didn't contain an offer to relocate tenant to equal or better housing accommodations in the same area at the same or a lower regulated rent, as required by the Rent Stabilization Code. Tenant also argued that landlord would be unable to relocate her because he didn't own any other buildings. The court ruled for tenant and dismissed the case. Landlord's petition was fatally defective because it didn't contain an offer of relocation as required by the Rent Stabilization Code for disabled or elderly rent-stabilized tenants. This was a question of law, not a question of fact that required a trial.

Lio v. Gorbea: NYLJ, p. 25, col. 1 (1/7/98) (Civ. Ct. Kings; Finkelstein, J)