Tenant Maintains Second Apartment Because of Marital Difficulties

July 31, 1998

LVT Number: 12533

Landlord sued to evict rent-stabilized tenants based on nonprimary residence. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord proved at trial that tenants owned and used a cooperative apartment elsewhere in the city. But tenants adequately explained their need to retain the apartment because they were having marital difficulties. The doorman of the apartment building and various neighbors testified that one of the tenants was often at the apartment.

Landlord sued to evict rent-stabilized tenants based on nonprimary residence. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord proved at trial that tenants owned and used a cooperative apartment elsewhere in the city. But tenants adequately explained their need to retain the apartment because they were having marital difficulties. The doorman of the apartment building and various neighbors testified that one of the tenants was often at the apartment. So during the period in question, tenants continued to maintain a substantial physical connection with the apartment.

Polymenopoulos v. Sadoff: NYLJ, p. 27, col. 6 (7/27/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

Topics

More like this