Tenant Who Cared for Ailing Parents in Georgia Kept Apartment as Primary Residence

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. The trial court fairly interpreted the evidence. Tenant's absence from the apartment was excusable since he went to Georgia solely to care for his ailing parents. They died within one month of each other and tenant then remained in Georgia to wind up their estates. Tenant never intended to relocate to Georgia. He listed the apartment as his address on his parents' health care directives, power of attorney, death certificate, and petitions to probate parents' wills. Tenant also received banking and investment statements at the apartment. And there was no proof that tenant removed any personal belongings from the apartment or sublet it. Tenant credibly explained that a house he owned in upstate New York was a weekend residence.

710 Madison Avenue LLC v. Hicks: 56 Misc.3d 131(A), 2017 NY Slip Op 50873(U) (App. T. 1 Dept.; 7/3/17; Lowe III, PJ, Schoenfeld, Ling-Cohan, JJ)