Tenant Who Left Teenage Daughter in Apartment Maintained Primary Residence There

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant proved that she relocated temporarily to California to care for her ailing, elderly parents. Tenant was a registered nurse and gave care to her parents from Spring 2001 through December 2002. She never rented or owned any property in California, but lived in makeshift quarters at her sister's house and later at a friend's house. She didn't live with her parents because they had a small apartment in a senior citizen complex. Although tenant also worked in California during this time, this was understandable because she had to financially support herself and her 15-year-old daughter. The daughter remained alone in the New York apartment and attended high school throughout the time tenant was in California. Tenant returned every few months and stayed for a few weeks every time she did. Tenant also continued to maintain utility accounts at the apartment, kept her furnishings there, and maintained bank accounts listing the apartment. It was also understandable that tenant would need a California driver's license during her temporary stay in California. Tenant didn't vote or file tax returns in California. She filed returns listing the New York apartment as her residence for two of the three years provided. Evaluating the entire history of the tenancy, tenant proved that she kept an ongoing, substantial, physical nexus with the New York apartment for actual living purposes. The trial court properly ruled in tenant's favor.

542 East 14th Street LLC v. Lee: NYLJ, 1/8/08, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, McCooe, Davis, JJ)