Tenant Cared for Sick Mother

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant was living in another New York City apartment and that she'd illegally sublet the apartment. The court ruled against landlord. The court believed tenant's explanation. As she'd informed landlord, during 1991, tenant went back and forth between the apartment and her mother's Pennsylvania home. Tenant's mother was elderly and ill. The mother's home had been transferred to tenant's name, but tenant didn't even know this and paid no expenses on the house. Tenant paid federal and local taxes and utilities from the apartment address, and maintained clothing and furniture there. She also received unemployment checks at the apartment address. The subtenant had moved out. Tenant had a legitimate reason to be away from the apartment.

Alswang v. Fluke: NYLJ, p. 22, col. 6 (1/14/94) (Civ. Ct. NY; Rodriguez, J)