Landlord Offered to Relocate Tenant

Facts: Landlord asked the DHCR for permission to evict rent-controlled tenant because he needed tenant's apartment for occupancy by his family. Landlord claimed that he lived in the adjacent two-bedroom railroad apartment with his wife, three adult children, and elderly father. Both apartments were on the first floor of the building. Landlord also claimed that he offered to relocate tenant to another apartment on the second floor of the building at the same rent. Tenant claimed landlord hadn't made a proper relocation offer and doubted that the offered apartment was really becoming available. After a hearing, the DRA ruled for landlord, and tenant appealed. DHCR: Tenant loses. Given the overcrowding in landlord's apartment, landlord proved that he had an immediate and compelling need for the apartment. Landlord showed that because of the illness and disabilities of some family members, he also needed the first-floor apartment rather than the second-floor apartment that had become vacant. Landlord also showed that he sent tenant several letters offering relocation and that tenant never responded to landlord's offer. So landlord's assumption that tenant didn't want to relocate was reasonable. Tenant also never said that she would have accepted landlord's offer. Tenant also hadn't proved her claim that she was disabled and therefore exempt from eviction for owner occupancy.

D'Jemant: DHCR Adm. Rev. Dckt. No. KF120022RT (1/16/98) [10-page document]