Tenants Employed in Merchant Marines Travel for Work

December 1, 2001

LVT Number: 15442

Landlord sued to evict rent-controlled tenants, a married couple, for nonprimary residence. Tenants were employed in the merchant marines and were required by their jobs to be at sea for extended periods of time. Tenant husband admitted that his primary residence was in Spain. But tenant wife claimed that she maintained her primary residence in New York. The court ruled against landlord. The rent control and rent stabilization laws weren't intended to permit eviction of tenants who travel for professional reasons but who otherwise maintain their primary residence in New York.

Landlord sued to evict rent-controlled tenants, a married couple, for nonprimary residence. Tenants were employed in the merchant marines and were required by their jobs to be at sea for extended periods of time. Tenant husband admitted that his primary residence was in Spain. But tenant wife claimed that she maintained her primary residence in New York. The court ruled against landlord. The rent control and rent stabilization laws weren't intended to permit eviction of tenants who travel for professional reasons but who otherwise maintain their primary residence in New York. Tenant's work-related travel didn't bar finding that the apartment was her primary residence.

Chelsmore Apts. LLC v. Garcia: NYLJ, 11/21/01, p. 22, col. 3 (Civ. Ct. NY; Hagler, J)

Topics

More like this