Landlord Didn't Offer Equivalent Apartment to Elderly Tenants

Facts: Landlord sued to evict elderly rent-stabilized tenants to recover the apartment for his own use. Tenants claimed that landlord didn't offer to relocate them to an equivalent apartment for the same or lower rent. Tenants also claimed that landlord hadn't offered them a proper renewal lease in 1995, so landlord's nonrenewal notice was void. Landlord claimed that he'd offered tenants two other apartments in the building for the same rent. Court: Landlord loses. Landlord didn't prove he offered tenants equivalent apartments at the same or lower rent. Landlord didn't state that his offer included the choice of a one- or two-year lease. Landlord also made the offer before the 120-150-day lease renewal window period. The court believed tenants' testimony that landlord offered another apartment at a rent that was 8 percent higher than their current rent. The other apartments were also on higher floors in a walk-up building, and tenants were elderly. One of them also had knee problems. Given all the facts, landlord hadn't complied with the Rent Stabilization Code's requirement to offer tenants an equivalent apartment at the same or lower rent.

Tsororos v. Lauriello: NYLJ, p. 32, col. 5 (4/8/98) (Civ. Ct. Kings; Wendt, J)