Tenant Took Care of Ill Mother

June 30, 1997

LVT Number: 11591

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant spent a substantial amount of time at her ill mother's nearby apartment to help care for her. But that fact in itself didn't prove nonprimary residence. Tenant maintained her own address for payment of income taxes, voter registration, driver's license, motor vehicle registration, and bank and credit card statements. Tenant also spent time at her own apartment every day, and her possessions remained there.

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant spent a substantial amount of time at her ill mother's nearby apartment to help care for her. But that fact in itself didn't prove nonprimary residence. Tenant maintained her own address for payment of income taxes, voter registration, driver's license, motor vehicle registration, and bank and credit card statements. Tenant also spent time at her own apartment every day, and her possessions remained there.

90th Realty Co. v. Winter: NYLJ, p. 26, col. 2 (6/24/97) (Parness, JP, McCooe, Davis, JJ)

Topics

More like this