Tenant Spends Winters in Florida

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant was 81 years old and had lived in the New York apartment for 28 years. She'd spent the past 11 winters in Florida and bought a condominium there with her son four years ago. She'd received a homestead exemption in Florida and voted there once. Tenant didn't sublet the New York apartment, turn off the utilities, or remove furnishings while she was away. Her mail, including credit card bills, came to New York and was forwarded to Florida while she was there. Her pension and Social Security checks were deposited directly into her New York bank account. Tenant's burial plot was in New York. The court ruled for landlord. Tenant appealed and won. Tenant proved that she maintained an ongoing physical relationship to the New York apartment. Although tenant had received a Florida homestead exemption and may have spent more than 183 days a year in Florida in one or more of the preceding years, these factors by themselves didn't prove nonprimary residence.

Rego Estates v. Lillian: NYLJ, p. 33, col. 3 (6/23/98) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)