Relocation Offer Was to Less Desirable Apartment

LVT Number: 17099

Landlord sued to evict rent-stabilized tenants to recover the apartment for owner occupancy. The court ruled against landlord. Tenants, husband and wife, were senior citizens. The Rent Stabilization Code required landlord to offer to relocate them to an alternate apartment in the same general area that was equal to or better than their current apartment. Landlord didn't do so. Tenant's apartment was in a brownstone building on the Upper West Side near Central Park.

Landlord sued to evict rent-stabilized tenants to recover the apartment for owner occupancy. The court ruled against landlord. Tenants, husband and wife, were senior citizens. The Rent Stabilization Code required landlord to offer to relocate them to an alternate apartment in the same general area that was equal to or better than their current apartment. Landlord didn't do so. Tenant's apartment was in a brownstone building on the Upper West Side near Central Park. Landlord offered to relocate tenants to an undistinguished second-floor apartment above a bar/restaurant on East 92nd Street and Third Avenue. This apartment was on the other side of town and would separate tenants from the family, doctors, church, and community ties they had in their neighborhood.

Miller v. Jones: NYLJ, 1/28/04, p. 19, col. 1 (Civ. Ct. NY; Wendt, J)