Tenant Claimed Apartment Was Her Primary Residence While She Cared for Ailing Mother

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that she maintained the apartment as her primary residence and stayed with her mother only to care for her. The court denied landlord's request to rule in its favor without a trial. Landlord appealed and lost. Landlord argued that there was no question that tenant lived in the apartment for less than 183 days during the most recent calendar year. But this was merely one of many factors that the court should consider. Tenant used the apartment address to file tax returns, receive Social Security benefits and mail, and never listed her mother's apartment as her address on any documents. Tenant never sublet the apartment, returned there periodically, kept her furniture and personal belongs there, and had expressed an intent to resume living in her apartment on a full-time basis. Tenant's mother had been very ill and bedridden for 10 years and, while she had personal care aides for part of the day, tenant was needed to care for her mother while aides weren't present.

Boulder Apartments, LLC v. Raymond: 59 Misc.3d 141(A), 2018 NY Slip Op 50653(U) (App. T. 2 Dept.; 5/3/18; Brands, JP, Marano, Ruderman, JJ)