Landlord Must Restore Rent-Controlled Tenant to Repaired Apartment

November 24, 2014

LVT Number: #25879

DOB ordered 85-year-old rent-controlled tenant to vacate her apartment while structural repairs were completed. At the same time, the DHCR issued an order confirming tenant's right to return to the apartment when repairs were finished. Landlord didn't make repairs but instead demolished tenant's apartment and constructed two new, separate apartments in its place. Tenant sued landlord and asked the court to order landlord to restore her to her apartment as it originally existed.

DOB ordered 85-year-old rent-controlled tenant to vacate her apartment while structural repairs were completed. At the same time, the DHCR issued an order confirming tenant's right to return to the apartment when repairs were finished. Landlord didn't make repairs but instead demolished tenant's apartment and constructed two new, separate apartments in its place. Tenant sued landlord and asked the court to order landlord to restore her to her apartment as it originally existed. The court ruled for tenant and ordered landlord to correct the structural defects, restore the floor to its original condition, and make the apartment available to tenant for immediate occupancy.

Price v. 609 East 40th Street, Inc.: NYLJ No. 1202673685613 (Sup. Ct. Kings; 10/21/14; Velasquez, J)

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