Tenant Lived in Different Apartment

June 30, 2001

LVT Number: 15087

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord showed that tenant had moved out of the apartment two years before her husband's death in 1993 and didn't move back in. Since 1994, tenant lived at another, rent-stabilized, apartment. The court ruled for landlord, and tenant appealed. Tenant claimed that she had to move out of the apartment her husband was in when he was still there but didn't intend to give up her tenancy rights. The appeals court ruled against tenant. She raised this claim for the first time on appeal.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord showed that tenant had moved out of the apartment two years before her husband's death in 1993 and didn't move back in. Since 1994, tenant lived at another, rent-stabilized, apartment. The court ruled for landlord, and tenant appealed. Tenant claimed that she had to move out of the apartment her husband was in when he was still there but didn't intend to give up her tenancy rights. The appeals court ruled against tenant. She raised this claim for the first time on appeal. And she couldn't justify why she still had the other apartment six years later.

Whitney Museum of American Art v. Dijxhoorn: NYLJ, 6/26/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

Topics

More like this