Justice Lucy Billings

Landlord moved for a preliminary injunction against rent stabilized tenants seeking to enjoin them to provide access to their apartments to install new staircases in the building. It also sought vacatur of tenants' apartments until completion of apartment renovations, including new floors. Landlord claimed it offered tenants temporary relocation housing, but failed to show it was comparable to tenants' current premises, or otherwise adequate to accommodate their needs. Burnett cross-moved for dismissal for lack of jurisdiction to evict as landlord failed to allege grounds under the Rent Stabilization Law allowing tenants' eviction. Burnett claimed she was receptive to relocating temporarily, but landlord offered only permanent relocation housing without reimbursement of moving expenses. The court noted landlord failed to allege tenants refused access to make repairs or improvements, stating landlord failed to dictate any circumstances under which it may evict rent stabilized tenants—whether permanently or temporarily. It ruled stated landlord's remedy was to seek a certificate of eviction from DHCR, and for an order to vacate from HPD—who would undertake an obligation to assist tenants with relocation if such order was issued. The cross-motion to dismiss was granted.

Justice Lucy Billings