Tenant Temporarily Relocated to HUD-Assisted Home

November 1, 2003

LVT Number: 16919

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant lived in the apartment with 10 children. She was forced to vacate the apartment because of a fire in the building. She couldn't find suitable temporary housing and, so, bought a one-family home with HUD assistance. Tenant was able to get a mortgage only by agreeing to live in the house as her primary residence for at least a year. The court ruled against landlord. Landlord appealed and lost.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant lived in the apartment with 10 children. She was forced to vacate the apartment because of a fire in the building. She couldn't find suitable temporary housing and, so, bought a one-family home with HUD assistance. Tenant was able to get a mortgage only by agreeing to live in the house as her primary residence for at least a year. The court ruled against landlord. Landlord appealed and lost. Tenant stated that her intent was to move back to the apartment with one daughter after one year and leave the rest of her family in the house. Under the circumstances, it was premature to attempt eviction for nonprimary residence. Tenant's temporary relocation to another dwelling didn't, by itself, prove that the apartment wasn't still her primary residence.

Corona Apts. v. Benitez: NYLJ, 10/29/03, p. 26, col. 4 (App. T. 2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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