Tenant Who Often Stayed with Companion Still Maintained Apartment as Primary Residence

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Although tenant often slept at her 75-year-old companion's apartment, the court found that tenant maintained her own apartment as her primary residence.

Landlord appealed and lost. Tenant used her apartment address to file tax returns, receive Social Security benefits, receive mail, register to vote, renew her driver's license and auto registration, renew prescriptions, and receive telephone bills, insurance bills, and bank statements. She never sublet her apartment, and kept her clothing, furniture, and personal belongings there. Tenant also continued to attend church in her neighborhood and didn't pay rent for her companion's apartment. These facts supported the trial court's finding that tenant maintained an ongoing and substantial connection to the apartment. consistent with physically living there. 

9 Richardson St. LLC v. Deleon: 2020 NY Slip Op 51298(U), Index No. 2019-715 KC (App. T. 2 Dept.; 10/30/20; Weston, JP, Elliot, Siegal, JJ)