Landlord Must Offer Fifth-Floor Tenant Similar Apartment on First Floor

In 2015, the DHR ruled that landlord must offer tenant and his wife a specific first-floor apartment at a rent comparable to the rent paid in their current fifth-floor apartment at landlord's building. Tenant lived on a fixed income. Several years later, in 2019, the DHR held a compliance hearing and directed landlord to offer tenant the first-floor apartment.

Landlord appealed and lost. The DHR's determination in 2019 that landlord had violated the earlier order was supported by substantial evidence. In light of the ambiguity in the material terms of the underlying stipulation between landlord and DHR, the DHR rationally construed the stipulation as requiring landlord to offer the first available reasonably similar first-floor apartment in one of the designated apartment buildings to tenant for a rent comparable to what tenant paid in his current apartment. 

Liljov Realty Corp. v. NY State Div. of Human Rights: Index No. 158197/19, App. No. 14157, Case No. 2020-03950, 2021 NY Slip Op 04189, NYLJ 7/6/21 p.18, col. 2 (App. Div. 1 Dept.; 7/1/21; Renwick, JP, Gische, Oing, Mendez, JJ)