Tenant Used Two Combined Apartments as One Unit

March 1, 2002

LVT Number: 15642

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant occupied two apartments, 2P and 2Q. Landlord claimed that they were separate apartments, registered separately, and that tenant used 2Q for storage. Tenant originally moved into 2P, a two-bedroom apartment. Later, prior landlord also rented her 2Q, a studio apartment. The building super helped her combine the apartments by opening up an internal doorway between them. The kitchen of 2Q had no stove, sink, or refrigerator and was used by tenant for work and storage.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant occupied two apartments, 2P and 2Q. Landlord claimed that they were separate apartments, registered separately, and that tenant used 2Q for storage. Tenant originally moved into 2P, a two-bedroom apartment. Later, prior landlord also rented her 2Q, a studio apartment. The building super helped her combine the apartments by opening up an internal doorway between them. The kitchen of 2Q had no stove, sink, or refrigerator and was used by tenant for work and storage. Tenant also testified that she used 2Q as a living room. The court ruled against landlord. Tenant used the combined apartments as one unit, which was her primary residence.

Hudbar Assocs. LLC v. Charif: NYLJ, 2/27/02, p. 18, col. 6 (Civ. Ct. NY; Schachner, J)

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