Tenant on ‘Painting Sabbatical' in California

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord, and tenant appealed and won. Tenant, an artist, spent considerable time in California during a ''painting sabbatical.'' During a 21U2-year absence, tenant returned twice to the apartment and sublet the apartment with landlord's permission for two six-month periods during this time. But tenant had no other permanent or primary residence. She maintained her New York voting registration and checking account. Tenant didn't file New York State or City tax returns for the years in question, but this was apparently due to insufficient income. Tenant also expressly stated her intent to return to New York in a 1994 letter to landlord written one year before landlord sent its nonrenewal notice. Tenant had lived in the apartment for 19 years, and the court found that she maintained a sufficient connection with the apartment to prove it was her primary residence.

Dana Assocs. LLC v. Melvin: NYLJ, p. 25, col. 2 (4/28/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)