Gogu v. Ely

OPINION OF THE COURT

Jaime A. Rios, J.

This holdover proceeding asks the question of whether a person of low intellect is considered disabled for purposes of the Rent Stabilization Code. The Code permits an owner to *170recover possession of a rent-stabilized apartment if it is sought for the owner’s occupancy (9 NYCRR 2524.4 [a] [1]); however, if the tenant to be removed is a "disabled person”, the owner must provide or offer to provide equivalent housing (9 NYCRR 2524.4 [a] [2]).

In the case at bar, petitioner is the owner of a six-family residential dwelling. He wishes to recover the tenant’s…