Tenant Refuses to Relocate Within Building During Renovation

Landlord sued to evict rent-stabilized SRO tenant for refusing to relocate to a substantially similar unit under Rent Stabilization Code (RSC) Section 2524.3(g). Under that provision, landlord could send tenant a 20-day notice to move to a substantially similar housing accommodation in the same building at the same legal regulated rent when landlord is performing a building rehabilitation as set forth in RSC Section 2524.5(a)(3). Landlord had obtained a work permit from DOB for a renovation and construction project that would reduce the number of units from 140 to 112. In July 2015, landlord wrote to tenant, asking that she temporarily relocate from her apartment to a second-floor unit in the front of the building, so that landlord could do renovations in tenant’s apartment. Landlord offered tenant to stay rent free in the relocation until her renovated apartment was ready for occupancy, but threatened to start an eviction proceeding if tenant didn’t voluntarily vacate. Tenant refused to relocate, and landlord then brought the eviction proceeding.

The court ruled against landlord. Although landlord’s notice to tenant to relocate was otherwise proper, landlord continued to pursue a separate pending nonpayment proceeding against tenant and twice sought to amend the nonpayment petition after the termination date in its other notice to tenant. This reaffirmed tenant’s tenancy and waived the termination notice. The case must be dismissed.

Stardom HDFC v. Marlowe: 50 Misc.3d 1207(A), 2016 NY Slip Op 50010(U) (Civ. Ct. NY; 1/8/16; Kraus, J)