Tenant Refused to Vacate During Renovation

Landlord sent rent-stabilized tenant a notice to cure, stating that she must move out of the six-unit building temporarily while landlord performed renovations. Tenant was the only building occupant, and landlord claimed that the building had sagging floors, a leaking roof, collapsing ceilings, and other dangerous conditions. Tenant refused to move out, and landlord sued to evict her for violating her lease. Tenant asked the court to dismiss the case. The court ruled for tenant. Nothing in tenant's lease or the Rent Stabilization Law required tenant to move out during repairs or renovations. The lease clauses cited by landlord required tenant only to take good care of the apartment and to permit landlord reasonable access for repairs. Landlord also didn't prove that gut renovations were needed to comply with housing laws.

Green Valley Realty LLC v. Delgado: NYLJ, 12/14/09, p. 18, col. 3 (Civ. Ct. Kings; Gonzales, J)