Tenant's Absence from Apartment Was Excusable

May 17, 2016

LVT Number: #26952

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant period, his absence was temporary and excusable because he was providing end-of-life care for his elderly mother in upstate New York and remained there to wind up the estates of both his mother and aunt, as well as to deal with some family issues.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant period, his absence was temporary and excusable because he was providing end-of-life care for his elderly mother in upstate New York and remained there to wind up the estates of both his mother and aunt, as well as to deal with some family issues. The court found that tenant consistently returned to the apartment and kept all his personal belongings there, continued to receive mail there, and didn’t sublet the apartment.

Landlord appealed and lost. While tenant could have hired others to perform some of the tasks upstate, it wasn’t for the court to question his choice and tenant shouldn’t be penalized for temporarily relocating for compelling personal or family obligations. The Rent Stabilization Code allows the court to apply the flexible definition of “other reasonable grounds” when finding that a temporary absence from an apartment is excusable. One judge disagreed and found that the court had created a “business pursuits” exception to justify tenant’s absence. 

 

 

 

 

Second 82nd Corp. v. Veiders: 2016 NY Slip Op 50652(U), 2016 WL 1650248 (App. T. 1 Dept.; 4/26/16; Shulman, JP [dissenting], Hunter Jr., Ling-Cohan, JJ)

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