Tenant Moves Back to Apartment After 20-Year Absence

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant had moved into the apartment in 1971. In 1974 he moved out but left his ex-wife and two children in the apartment. Tenant continued to renew his lease and never told landlord that he no longer lived in the apartment. In 1993 tenant's ex-wife and children moved out, and tenant moved back into the apartment. In December 1993 landlord advised tenant that it wouldn't renew his lease. It didn't matter that tenant had been back in the apartment four months when landlord served the nonrenewal notice. Looking at the entire rent history, tenant clearly didn't live in the apartment at any time between 1974 and September 1993. It also didn't matter that tenant's family members lived in the apartment while he didn't.

Berwick Land Corp. v. Mucelli: NYLJ, p. 25, col. 3 (11/13/96) (App. T. 1 Dept.; Ostrau, JP, McCooe, Davis, JJ)