Notice Didn't Need Relocation Offer

February 1, 2005

LVT Number: 17870

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altshuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. She claimed that she was age 62 or older and that landlord didn't state in his termination notice or court papers that he had offered to relocate tenant to a similar or better apartment.

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altshuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. She claimed that she was age 62 or older and that landlord didn't state in his termination notice or court papers that he had offered to relocate tenant to a similar or better apartment. The Rent Stabilization Code permits landlord to recover an apartment for owner occupancy from a tenant who's a senior citizen only if landlord offers to relocate tenant. The court ruled against tenant. The Rent Stabilization Code doesn't say when landlord has to offer relocation. And there is no requirement that landlord state in a termination notice that such offer was made.

Hu v. Curran: Index No. 98786/04 (Civ. Ct. NY 1/21/05; Capella, J) [2-pg. doc.]

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