Tenant Spent Most of Six-Year Period in Thailand

(Decision submitted by David R. Brody of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial, where landlord proved that tenant spent less than 183 days per year in the apartment for six years. The court found that tenant spent 45 days in the apartment in 2003, three months in 2004, three months in 2005, no time in 2006, two weeks in 2007, and 52 days in 2008. Tenant spent most of his time in Asia, especially Thailand, where his wife and children lived. In addition, tenant’s roommate paid most, if not all, of the rent for the apartment during the six-year period. The roommate replaced various appliances and purchased furniture for the apartment. When tenant visited, he slept on the sofa while his roommate slept in the only bed there. Tenant also received all of his medical treatment in Thailand, and he and his wife operated a theatre business there. Landlord proved that the apartment wasn’t tenant’s primary residence. Tenant was unable to show any ongoing substantial physical nexus to the apartment, which he kept for convenience and occasional use only.

177 West 26th Street Associates v. Lutgenhorst: L&T Index No. 054491/09 (Civ. Ct. NY; Capella, J)