Tenant Can Amend Answer to Claim Relocation Need

(Decision submitted by David S. Hershey-Webb, of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.) Landlords sued to evict rent-stabilized tenant for owner occupancy. While the case was pending, tenant turned 62 years old. Tenant then asked the court for permission to amend his answer to add a defense that rent-regulated tenant must be offered an equal or better apartment because he'd now reached the threshold age for this requirement. The court ruled for tenant. He was entitled under the law to now add this defense.

Dooling v. O'Connor: Index No. 85297/04 (Civ. Ct. NY 11/7/05; Lansden, J) [8-pg. doc.]