Tenant Permanently Relocated to Assisted Living Facility

August 8, 2012

LVT Number: #24249

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord showed that tenant had lived in a Westchester County assisted living facility since 2005 and didn't intend to return to the apartment. Tenant received all her mail at the facility, and listed that address on her financial documents, including pension checks, bank statements, and tax returns. She also removed all her belongings from the apartment and visited only a few times in four years for family events. She never stayed overnight.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord showed that tenant had lived in a Westchester County assisted living facility since 2005 and didn't intend to return to the apartment. Tenant received all her mail at the facility, and listed that address on her financial documents, including pension checks, bank statements, and tax returns. She also removed all her belongings from the apartment and visited only a few times in four years for family events. She never stayed overnight. During tenant's prolonged absence, the apartment was used for storage by tenant's brother, who paid the rent and utilities. Tenant's relocation wasn't a temporary, excusable absence but an abandonment of the apartment as her primary residence.

Manhattan Transfer, LP v. Quon: NYLJ, 7/30/12, p. 18, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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