Tenant Who Cared for Parents Maintained Primary Residence

January 1, 2011

LVT Number: #23080

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant admitted that she spent substantial time in Cleveland, Ohio, caring for her now deceased father, who had Alzheimer's disease, and her elderly, chronically ill mother. Tenant also managed an investment property previously overseen by her father. But tenant filed taxes and voted from her New York City address, and W-2 forms, banking records, and Social Security statements listed the New York apartment as her residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant admitted that she spent substantial time in Cleveland, Ohio, caring for her now deceased father, who had Alzheimer's disease, and her elderly, chronically ill mother. Tenant also managed an investment property previously overseen by her father. But tenant filed taxes and voted from her New York City address, and W-2 forms, banking records, and Social Security statements listed the New York apartment as her residence. Tenant also was an adjunct faculty member at Cooper Union, worshipped at a local church, and regularly participated in artistic events in Manhattan. Tenant proved that she maintained a substantial physical connection to the apartment as her primary residence.

422 East 9th LLC v. Patton: NYLJ, 12/2/10, p. 30, col. 3 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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