Tenant Maintained Primary Residence Despite Extended Absences

July 18, 2014

LVT Number: #25649

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Tenant had lived in the apartment for 35 years. Landlord claimed that tenant was away and may have been out of the country for at least six months per year during 2009, 2010, and 2011. But this didn't necessarily indicate nonprimary residence since tenant always returned to the apartment for approximately six months of each calendar year.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Tenant had lived in the apartment for 35 years. Landlord claimed that tenant was away and may have been out of the country for at least six months per year during 2009, 2010, and 2011. But this didn't necessarily indicate nonprimary residence since tenant always returned to the apartment for approximately six months of each calendar year.

Ansonia Associates v. Hall: Index No. L&T50122/13, NYLJ No. 1202660379628 (Civ. Ct. NY; 6/5/14; Gonzalez, J)

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