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GOGU v. ELY

152 Misc.2d 169 (1991)

Steve Gogu, Petitioner, v. Rita Ely, Respondent.

Civil Court of the City of New York, Queens County.

August 21, 1991

Attorney(s) appearing for the Case

Pearlman, Apat & Futterman (Sharon Cook of counsel), for petitioner. Queens Legal Services Corp. (Randolph Petsch of counsel), for respondent.

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 recover 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...

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