Senior Citizen in Geriatric Center Is Primary Resident

July 31, 2006

LVT Number: 19013

Landlord sued to evict rent-stabilized tenant for illegally subletting to her son. Landlord claimed that tenant no longer lived in the apartment. Tenant was confined at a health care center. Landlord asked the court to rule in his favor without a trial. The court ruled against landlord. Tenant's admission to a geriatric health care center, even for a substantial period of time, wasn't for life and didn't automatically mean that tenant gave up her primary residence at the apartment. Landlord's alternate request for permission to conduct pretrial questioning was granted.

Landlord sued to evict rent-stabilized tenant for illegally subletting to her son. Landlord claimed that tenant no longer lived in the apartment. Tenant was confined at a health care center. Landlord asked the court to rule in his favor without a trial. The court ruled against landlord. Tenant's admission to a geriatric health care center, even for a substantial period of time, wasn't for life and didn't automatically mean that tenant gave up her primary residence at the apartment. Landlord's alternate request for permission to conduct pretrial questioning was granted. The case presented questions of fact, and some pretrial questioning was warranted.

Metroka v. Andrews: NYLJ, 7/12/06, p. 26, col. 1 (Civ. Ct. NY; Finkelstein, J)

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