Tenant Accepted Temporary Job in California

Facts: Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's lease expired in April 2002. Tenant moved into the apartment in 1991. In late 1999, she accepted a temporary assignment in California from the publisher she worked for. While in California, she started dating a man, and by May 2000, asked landlord for permission to sublet for one year. Landlord agreed to the sublet. Later, tenant asked for permission to extend the sublet to May 2002 because her boyfriend was receiving medical treatment in California. Landlord agreed to extend the sublet. Later in 2002, tenant married the boyfriend in California. Tenant and her husband returned to the apartment in February 2002. They had another wedding ceremony in June 2002 in New York State. Court: Landlord loses. Tenant advised landlord on a number of occasions that she intended to return to New York and told landlord about her circumstances while in California. While she was in California, tenant continued to file New York State and City tax returns from the apartment. Throughout the sublet period, tenant also was registered to vote from the apartment, kept her driver's license at that address, had a passport issued in New York, kept her telephone in New York, and received Con Ed bills there. Tenant claimed expenses for business use of her California address. But this didn't prove nonprimary residence. Landlord sent tenant the lease nonrenewal notice after she told landlord she was returning to New York early. And landlord had agreed to a sublet through May 2002, which was after her April 2002 lease end date.

300 W. 106th St. Corp. v. Rosenthal: NYLJ, 5/12/04, p. 22, col. 1 (Civ. Ct. NY; Fiorella, J)