Tenant Primarily Resided in Portugal

(Decision submitted by Michael Nachtome of the Manhattan law firm of Kossoff & Unger, who represented the landlord.)

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant had been retired since 1994, and admittedly spent a significant amount of time each year in Portugal. There he owned a three-bedroom house that he built in the late 1970s. Tenant also maintained utility accounts for the house. In 1981, tenant’s wife and then young children relocated to Portugal, worked, and attended school there. Tenant’s daughters returned to the United States as adults to attend college and stayed at the apartment, while tenant remained in Portugal with his wife. One daughter paid the utility bills for the apartment with tenant’s pre-signed checks. The trial court ruled for landlord. Tenant appealed and lost. Considering the entire history of the tenancy, and the evidence concerning tenant’s limited connection to the 310 square-foot walk-up apartment, landlord proved that tenant didn’t use the apartment as his primary residence.

Santorini Equities v. Picarra: NYLJ, 4/30/08, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)