Tenant Spent Time at Estranged Husband's Apartment

December 1, 2005

LVT Number: 18511

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After a trial, the court ruled against landlord. Landlord appealed and lost. Tenant lived in the apartment for five years before she married, and continued to live in the apartment after her husband moved out. Tenant admitted that while she and husband were separated, she spent a lot of time at estranged husband's apartment. But she said she slept on a couch while helping to care for their child.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After a trial, the court ruled against landlord. Landlord appealed and lost. Tenant lived in the apartment for five years before she married, and continued to live in the apartment after her husband moved out. Tenant admitted that while she and husband were separated, she spent a lot of time at estranged husband's apartment. But she said she slept on a couch while helping to care for their child. And though some documents, including joint tax returns, listed tenant's address as her husband's apartment, these records alone didn't determine the question of nonprimary residence.

Carmine Limited v. Gordon: NYLJ, 11/8/05, p. 27, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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