Landlord Must Provide Senior Citizen Tenant with Alternate Apartment

April 1, 1994

LVT Number: 8674

Landlord sued to evict rent-stabilized tenant to recover her apartment for owner occupancy. The court ruled against landlord. Tenant turned 62 while the case was pending. Because tenant was now a senior citizen, the Rent Stabilization Code required landlord to offer her an equivalent or better apartment. Otherwise, tenant didn't have to move. Landlord claimed he offered tenant some other apartments. Landlord mentioned a few apartments in his court papers, but didn't indicate their size, the rent, and whether he had any control over them.

Landlord sued to evict rent-stabilized tenant to recover her apartment for owner occupancy. The court ruled against landlord. Tenant turned 62 while the case was pending. Because tenant was now a senior citizen, the Rent Stabilization Code required landlord to offer her an equivalent or better apartment. Otherwise, tenant didn't have to move. Landlord claimed he offered tenant some other apartments. Landlord mentioned a few apartments in his court papers, but didn't indicate their size, the rent, and whether he had any control over them. And tenant said that landlord never showed her any apartments and mentioned only one that was in an area she didn't think was safe.

Vasseur v. Bravo: NYLJ, p. 25, col. 3 (3/16/94) (Civ. Ct. Kings; Reichbach, J)

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