Tenant Married to NJ Resident, Kept NYC Apartment as Primary Residence

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant had lived in New Jersey for at least a year after getting married. The court ruled against landlord. Landlord appealed and lost. For one year, in 2002, tenant had a spouse who lived in New Jersey. Tenant was now divorced and never had any ownership interest in the New Jersey residence or any other property. Tenant had lived continuously in the New York apartment for more than eight years before her marriage. During her short marriage, she kept most of her furniture and personal belongings in the New York apartment, didn't sublet it, and received her mail there, including bank and credit card statements. Tenant had gotten divorced and was back living in the apartment full-time at least six months before her last renewal lease expired. A husband and wife can maintain separate primary residences.

60 West 57 Realty, Inc. v. Durante: NYLJ, 10/29/07, pg. 30, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)