Tenant Lived in Street, But Apartment Remains Primary Residence

January 1, 2007

LVT Number: 19349

Landlord sued to evict rent-stabilized SRO tenant for nonprimary residence. Evidence at trial showed that tenant was unemployed and had psychiatric problems. He received SSI benefits. Tenant stored his clothing and other belongings in the apartment and received mail there. But tenant spent most of his time living and sleeping in Central Park or in the street within a 10-block radius of the building. The court ruled against landlord. Landlord appealed and lost. Tenant's absence from the apartment was excusable in light of his substantial emotional difficulties.

Landlord sued to evict rent-stabilized SRO tenant for nonprimary residence. Evidence at trial showed that tenant was unemployed and had psychiatric problems. He received SSI benefits. Tenant stored his clothing and other belongings in the apartment and received mail there. But tenant spent most of his time living and sleeping in Central Park or in the street within a 10-block radius of the building. The court ruled against landlord. Landlord appealed and lost. Tenant's absence from the apartment was excusable in light of his substantial emotional difficulties. Still, he had not abandoned the apartment and retained it as his primary residence.

TOA Construction Co. v. Tsitsires: NYLJ, 12/27/06, p. 28, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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