Tenant Cared for Sick Mother in Puerto Rico

May 31, 1998

LVT Number: 12370

Landlord sued to evict loft tenant based on nonprimary residence. The court ruled for landlord. Tenant appealed and won. Landlord had consented to a 23-month sublet of the apartment while tenant cared for her sick mother in Puerto Rico. Subtenant refused to move out at the end of the sublet, and this delayed tenant's return to the apartment. Landlord was aware of this dispute. The fact that tenant bought a retirement home for her mother in Puerto Rico in 1992 and a limited profit co-op apartment that she never lived in didn't prove nonprimary residence.

Landlord sued to evict loft tenant based on nonprimary residence. The court ruled for landlord. Tenant appealed and won. Landlord had consented to a 23-month sublet of the apartment while tenant cared for her sick mother in Puerto Rico. Subtenant refused to move out at the end of the sublet, and this delayed tenant's return to the apartment. Landlord was aware of this dispute. The fact that tenant bought a retirement home for her mother in Puerto Rico in 1992 and a limited profit co-op apartment that she never lived in didn't prove nonprimary residence. Tenant had no other permanent or primary residence while she was away from the loft.

247 Assocs. v. Rodriguez: NYLJ, p. 28, col. 3 (5/28/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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