Tenant Retained Primary Residence at Apartment Despite Absences

February 26, 2019

LVT Number: #29946

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant explained her absences from the apartment. She was frequently away because she worked as a home health aide in Staten Island, and she regularly visited her elderly mother there, who had had a stroke. Tenant explained that she received mail at her mother's house, where she lived before moving to the apartment, because the mailbox at her apartment was broken during the entire period in question. 

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant explained her absences from the apartment. She was frequently away because she worked as a home health aide in Staten Island, and she regularly visited her elderly mother there, who had had a stroke. Tenant explained that she received mail at her mother's house, where she lived before moving to the apartment, because the mailbox at her apartment was broken during the entire period in question. 

40/42 Mkt. St. Assoc. v. O'Donnell: Index No. 74782/16, NYLJ No. 1547805166 (Civ. Ct. NY; 12/31/18; Schneider, J)

Topics

More like this