Prior DHCR Order Didn't Decide Primary Residence Issue

May 31, 2001

LVT Number: 15009

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the DHCR had previously ordered landlord to give tenant's wife a renewal lease. The court ruled for tenant. Landlord appealed and won. The DHCR's ruling was issued in response to a lease violation complaint by landlord's wife, who claimed pass-on rights. The issue of nonprimary residence wasn't raised or decided in the DHCR case.

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the DHCR had previously ordered landlord to give tenant's wife a renewal lease. The court ruled for tenant. Landlord appealed and won. The DHCR's ruling was issued in response to a lease violation complaint by landlord's wife, who claimed pass-on rights. The issue of nonprimary residence wasn't raised or decided in the DHCR case. So landlord could continue the eviction case based on nonprimary residence.

Tursi v. Anderson: NYLJ, 5/31/01, p. 19, col. 4 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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