Tenant Cared for Ill Relative in Canada

March 1, 2002

LVT Number: 15641

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord asked the court to decide the case without a trial. Tenant was away from the apartment at times to care for an ailing relative in Canada. Tenant also didn't file New York State income tax returns. The court and appeals court ruled against landlord. Tenant claimed that she was at the apartment at least 75 percent of the time for the last four years. And tenant said she didn't have sufficient income to warrant filing income tax returns.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord asked the court to decide the case without a trial. Tenant was away from the apartment at times to care for an ailing relative in Canada. Tenant also didn't file New York State income tax returns. The court and appeals court ruled against landlord. Tenant claimed that she was at the apartment at least 75 percent of the time for the last four years. And tenant said she didn't have sufficient income to warrant filing income tax returns. So there was a question of fact about tenant's primary residence that required a trial.

250 W. 78th LLC v. Scheifele: NYLJ, 2/27/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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