Tenant's Extended Absence for Hospitalization Excusable

November 17, 2021

LVT Number: #31670

Landlord sued to evict a loft tenant in an interim multiple dwelling (IMD) based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. The appeals court upheld the lower court finding, which was based on the court's view of witness credibility. Most of tenant's documents--including his driver's license and voter registration--reflected that he maintained a substantial physical connection to the unit for actual living purposes. And tenant's temporary absences from the loft, including a lengthy hospitalization, were excusable.

Landlord sued to evict a loft tenant in an interim multiple dwelling (IMD) based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. The appeals court upheld the lower court finding, which was based on the court's view of witness credibility. Most of tenant's documents--including his driver's license and voter registration--reflected that he maintained a substantial physical connection to the unit for actual living purposes. And tenant's temporary absences from the loft, including a lengthy hospitalization, were excusable.

33-39 E. 60th St. LLC v. Huston: Index No. 570255/20, 2021 NY Slip Op 50972(U), NYLJ No. 624281 (App. T. 1 Dept.; 10/14/21; Edmead, PJ, Briganti, Hagler, JJ)

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