Schreier v. Albrecht

OPINION OF THE COURT

Robert L. Nahman, J.

The landlord has commenced a holdover proceeding seeking possession of the tenant’s rent-stabilized apartment for his own use and occupancy as his primary residence. Tenant has brought the instant motion to dismiss the petition based upon the fact that he is a senior citizen and therefore the landlord cannot recover the apartment unless he offers an equivalent apartment at the same or lower rate.

Section YY51-6.0 (subd c, par [9], cl [b]) of the Administrative Code of the City of New York, insofar as it is applicable provides that a landlord may:…