Tenant and Son Lived in Israel for Over Three Years

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant acknowledged that she had lived in Israel for all but 54 days during the three and a half years before the date of landlord's lease termination notice. Landlord also proved that tenant illegally sublet her apartment during her extended absence. The fact that tenant may have relocated to Israel to provide specialized therapeutic and educational services to her minor autistic son didn't defeat landlord's claim. Tenant didn't adequately explain why she and her son didn't move back to the apartment until June 2010, shortly after landlord sent its lease nonrenewal notice. Tenant's own expert witness also testified that the son would have been eligible as early as August 2007 to apply for extensive public special education services in New York City, which the son in fact began receiving soon after the family returned to New York.

First Avenue Equities LLC v. Doron: 2014 NY Slip Op 24194, 2014 WL 3557319 (App. T. 1 Dept.; 7/16/14; Shulman, JP, Hunter, Jr., Ling-Cohan, JJ)