Tenant Turned 62 Too Late to Claim Owner-Occupancy Defense

(Decision submitted by Matthew S. Brett of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant because he needed the apartment for personal use. The court ruled for landlord after a lengthy trial. Tenant appealed. He claimed that because he was now a senior citizen, landlord couldn’t take back his apartment unless he offered tenant alternate, equivalent housing accommodations. The appeals court ruled against tenant. Tenant turned 62 months after the trial was completed, judgment was entered, and an eviction warrant was issued. Rent Stabilization Code Section 2524.4(a)(2), which required landlord seeking eviction for owner-occupancy purposes to offer an elderly or disabled tenant “lawfully occupying” the apartment an equivalent, nearby housing accommodation, no longer applied at this point in the case.

Breyre v. Meyer: NYLJ, 4/21/10, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)