Tenant Cared for Ill Mother in Michigan

September 30, 2001

LVT Number: 15308

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant went to Michigan to care for his ill mother and lived with her there in an assisted living facility. But tenant returned to his New York apartment periodically and eventually came back with his mother, who later died. Tenant maintained a bank account in New York, kept furniture in the apartment, and voted in New York by absentee ballot.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant went to Michigan to care for his ill mother and lived with her there in an assisted living facility. But tenant returned to his New York apartment periodically and eventually came back with his mother, who later died. Tenant maintained a bank account in New York, kept furniture in the apartment, and voted in New York by absentee ballot. He didn't file a New York State or City tax return during his time away, but this, apparently, was because of insufficient income during the period in question.

Kalimian v. Holmberg: NYLJ, 9/20/01, p. 19, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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