Relocation Offer Not Required on Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant to recover an apartment for owner occupancy. Tenant claimed that landlord's lease nonrenewal notice was defective and asked the court to dismiss the case. Tenant was 73 years old. The Rent Stabilization Code requires landlords seeking owner occupancy evictions to offer tenants nearby equivalent or superior housing at the same or lower regulated rent if tenants are disabled or 62 years of age or older. The court ruled against tenant. Landlord's nonrenewal notice sufficiently stated the facts supporting his claim by explaining where landlord and his family lived and why he needed the apartment. Landlord wasn't required to state in the nonrenewal notice anything about a relocation offer because landlord wasn't required to know at that point what tenant's age was. It is tenant's burden to show that she qualifies for the relocation offer, in response to landlord's petition.

Gordon v. Kahn: NYLJ, 1/8/03, p. 19, col. 2 (Civ. Ct. NY; Schachner, J)