Croman v. Leighton

OPINION OF THE COURT

Order, entered on or about June 28, 2004, affirmed, with $10 costs.

Civil Court properly granted tenant summary judgment dismissing the owner occupancy holdover proceeding. Once a rent-stabilized tenant establishes that he or she is a senior citizen, the provision allowing a landlord to seek recovery for personal use “shall not apply” unless the landlord offers to provide, and if requested, provides the tenant an equivalent or superior alternative accommodation (see Rent Stabilization Code [9 NYCRR] § 2524.4 [a] [2]). Even assuming, without deciding, that the offer of…