Rent-Stabilized Tenants Use Two Adjoining Apartments as One Primary Residence

Landlord sued to evict rent-stabilized tenants, claiming nonprimary residence. Tenants, in their 80s, had lived together in the two adjoining apartments for over 40 years. The apartments were a studio and a one-bedroom and were the only apartments on the floor. Landlord claimed that tenants lived primarily in the studio apartment only, and presented video surveillance evidence and Con Ed records showing limited electrical use in the one-bedroom. The trial court ruled against landlord, who appealed and won. Tenants then appealed further and won. Tenants used the two apartments as a combined primary residence. Tenants slept in the studio apartment temporarily due to a perceived threat in the one-bedroom apartment from scaffolding and a shed put up outside the apartment window and problems with an upstairs neighbor. And low electrical consumption in the one-bedroom apartment was due to tenants' inability to use the kitchen and shower there. 

135 West LLC v. Stollerman: 2017 NY Slip Op 05048, 2017 WL 2636254 (App. Div. 1 Dept.; 6/20/17; Friedman, JP, Renwick, Manzanet-Daniels, Kapnick, Gesmer, JJ)