Tenant Maintained Primary Residence at Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant spent hardly any time at the apartment and maintained a residence elsewhere in New York State. The court ruled for tenant after a trial and dismissed the case. Tenant's absence from the apartment was both temporary and excusable in light of his 30-year tenancy and considering the entire history of the tenancy. Tenant showed that he intended to return to living in the apartment after winding up the estates of his mother and aunt and that he in fact did so, after selling the house in question. Tenant initially was absent to care for his ill mother and continued through the time needed to wind up the estates of his mother and aunt and to deal with an emergency at the apartment complex he was managing in December 2008. Tenant did significant work at his mother's house to prepare it for sale and dispose of his parents' belongings. During that time he returned periodically to the apartment, where he kept all his personal belongings and continued to receive mail there.

Second 82nd Corp. v. Veiders: 45 Misc.3d 1207(A), 2014 NY Slip Op 51493(U) (Civ. Ct. NY; 10/14/14; Kraus, J)