Tenant Used Two Adjoining Apartments as One Primary Residence

Landlord sued to evict rent-controlled tenant for nonprimary residence from one of her two adjoining apartments. Landlord claimed that tenant primarily resided in Apartment 3RW. Tenant claimed that she used both Apartment 3RW and 3RE as one primary residence. After trial, the court ruled for tenant. Tenant was 81 years old and moved into the 3RW with her husband in 1950; a few years later prior landlord rented tenants the second apartment. She testified that she regularly slept, ate, brushed her teeth, watched television, and occasionally cooked in Apartment 3RW. She read, sometimes watched TV, had coffee or snacks from a mini-fridge, and washed her clothes in the sink of Apartment 3RE. She also used a computer in 3RE, working on writing a novel and other artistic projects. She kept her off-season clothing in 3RE. Tenant paid for electricity and telephone for both apartments under single bills. She had listed her address simply as Apartment "3" for many years. From tenant's description of her daily activities, it was apparent that she used both apartments as a single primary residence. While some of her activities in 3RE were commercial in nature, she wasn't using 3RE exclusively as a place of business or as a location exclusively to pursue hobbies.

138-140 Village Owners Corp. v. Dillard: NYLJ, 1/16/08, p. 27, col. 3 (Civ. Ct. NY; Cohen, J)