Tenant Absent from Apartment for Two Years

August 31, 2003

LVT Number: 16794

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved at the trial that for two years, tenant didn't primarily reside in the apartment. Instead, tenant lived in a different apartment in the same part of the city or at other apartments of different girlfriends. Tenant used the rent-controlled apartment primarily for storage because it was located near his medical office.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved at the trial that for two years, tenant didn't primarily reside in the apartment. Instead, tenant lived in a different apartment in the same part of the city or at other apartments of different girlfriends. Tenant used the rent-controlled apartment primarily for storage because it was located near his medical office. Although tenant claimed that he couldn't stay in the apartment because of renovations and a water problem, tenant didn't move back in after the conditions were corrected.

Ascot Realty LLC v. Richstone: NYLJ, 8/22/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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