Tenant Cared for Ill Mother in Puerto Rico

March 1, 2003

LVT Number: 16385

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant proved that she was away from the apartment only to care for and oversee the health care of her ill mother in Puerto Rico. Tenant at all times kept her furniture and personal belongings in the Bronx apartment, didn't sublet, and traveled back to the apartment when possible during her mother's recuperation.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant proved that she was away from the apartment only to care for and oversee the health care of her ill mother in Puerto Rico. Tenant at all times kept her furniture and personal belongings in the Bronx apartment, didn't sublet, and traveled back to the apartment when possible during her mother's recuperation.

Nussbaum Resources I, LLC v. Gilmartin: NYLJ, 2/3/03, p. 19, col. 6 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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