Husband Maintained Apartment as Primary Residence Although Wife Lived in the Bronx

November 21, 2019

LVT Number: #30476

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the Bronx for his wife, daughters, and brother-in-law, who all lived there. He testified that he was at the house only on the two days he was off from work. The husband otherwise showed substantial documentation that he maintained his primary residence at the Manhattan apartment.

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the Bronx for his wife, daughters, and brother-in-law, who all lived there. He testified that he was at the house only on the two days he was off from work. The husband otherwise showed substantial documentation that he maintained his primary residence at the Manhattan apartment. Spouses may have separate primary residences, so the wife's residence at the Bronx house didn't determine the case. 

Dexter 345 v. Cruz: Index No. 73884/2016, NYLJ No. 1572246306 (Civ. Ct. NY; 10/15/19; Stoller, J)

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