Tenant Maintained Apartment as Primary Residence

Landlord sued to evict elderly, rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant didn't live in the apartment between the summer of 2003 through the end of 2004. Tenant admitted at the trial that she relocated temporarily to Greece to care for her ailing mother. The court ruled for landlord. Tenant appealed and won. Tenant showed at trial that she maintained an ongoing physical connection to the apartment. She went to Greece to fulfill a family obligation. But she returned periodically for brief visits, and kept her furniture and personal belongings in the New York apartment. She also received mail at the apartment, including Social Security checks and financial statements. Tenant showed that she never intended to abandon the apartment, where she had lived for 30 years. To the extent that proof that she remained in Greece after landlord delivered the lease nonrenewal notice was properly considered, tenant explained that her brother became ill and she broke her leg while there. This prevented her from walking for several months. The case was dismissed.

Hudsoncliff Building v. Houpouridou: NYLJ, 12/22/08, p. 27, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)