Elderly Tenant No Longer Lives in Apartment

July 31, 2001

LVT Number: 15160

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that she still primarily resided in the apartment even though she had been in a nursing home for a while. Alternatively, her granddaughter claimed pass-on rights. The court ruled for landlord after a jury trial. Tenant appealed and lost. Tenant went into a nursing home in December 1996. When she left the nursing home in March 1997, she moved into her son's home in Queens. So the jury fairly decided that she left the apartment permanently, not temporarily.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that she still primarily resided in the apartment even though she had been in a nursing home for a while. Alternatively, her granddaughter claimed pass-on rights. The court ruled for landlord after a jury trial. Tenant appealed and lost. Tenant went into a nursing home in December 1996. When she left the nursing home in March 1997, she moved into her son's home in Queens. So the jury fairly decided that she left the apartment permanently, not temporarily. Tenant's granddaughter moved into the apartment in May 1995. This was less than two years before tenant left for the nursing home. So she didn't qualify for pass-on rights.

Seventh FGP, Inc. v. Yee: NYLJ, 7/13/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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