Tenant Temporarily Absent from Apartment Due to Medical Condition

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived in a Los Angeles hotel for at least a year, hadn't voted in New York City since 1984, didn't have telephone service in his name at the apartment, and hadn't been seen at the building for months.

After trial, the court ruled for tenant and dismissed the case. In 2010, tenant had been voluntarily admitted to a psychiatric hospital on three occasions. When discharged, tenant flew to Los Angeles and stayed at the hotel for a year to "recover," even though his doctors had recommended that he enter assisted living. Tenant testified that staying at the hotel helped him to transition back to living independently at the apartment, and he had resumed living there.

In 2013, tenant took 10 short trips to the hotel but otherwise lived at the apartment. He was 68 years old and had lived in the apartment for 30 years, hadn't filed tax returns in recent years, had no driver's license, and hadn't registered to vote for 40 years. He had no cell phone, computer, email address, cable TV, or Internet service. He did maintain a land-line telephone at the apartment with long-distance service. Gas and electric were included in tenant's rent. Tenant's bank and brokerage accounts were all sent to the apartment, tenant had never sublet the apartment or had a roommate, and the apartment was fully furnished and decorated with tenant's belongings. The court found that tenant's absence from the apartment was temporary and excusable based on his medical condition. 

56 7th Avenue, LLC v. Sobel: 2014 NY Slip Op 51657(U), 2014 WL 6673904 (Civ. Ct. NY; 11/20/14; Kraus, J)