Landlord Didn't Give up Right to Claim Nonprimary Residence

February 1, 2004

LVT Number: 17101

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case. She claimed that landlord knew she had a house in Nassau County for several years before starting the eviction case. The court ruled against tenant. Tenant appealed and lost. There is no time limit for landlord's nonprimary residence claim. And tenant can't claim waiver. Tenant has a continuing duty under rent-control regulations to occupy the apartment as her primary residence. Landlord is entitled to go forward and try to prove its case.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case. She claimed that landlord knew she had a house in Nassau County for several years before starting the eviction case. The court ruled against tenant. Tenant appealed and lost. There is no time limit for landlord's nonprimary residence claim. And tenant can't claim waiver. Tenant has a continuing duty under rent-control regulations to occupy the apartment as her primary residence. Landlord is entitled to go forward and try to prove its case.

Lenox Hill Hospital v. Spitz: NYLJ, 1/28/04, p. 26, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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