Prolonged Absence from Apartment

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Tenant admitted that he hadn't lived in the Manhattan apartment since June 1995, and that he lived for one year in a health care facility and then in Queens. Tenant further admitted that he hadn't filed resident tax returns or voted from the Manhattan apartment since 1995. And tenant hadn't hooked up telephone or cable service at the apartment, and utility service was at a bare minimum. Given tenant's prolonged absence from the apartment, his vague claim that he intended to return at some unspecified time in the future wasn't sufficient to defeat landlord's claim. Tenant didn't prove a substantial, physical connection with the apartment for actual living purposes.

1286 First Realty Assocs., LP v. Malatinsky: NYLJ, p. 29, col. 2 (5/4/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)