Tenant's Property in Alabama Used Only Sporadically

March 1, 2006

LVT Number: 18689

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. The trial court found tenant's testimony credible. Tenant showed that the Alabama residence contained few if any furnishings or personal items, was run down, and was used only sporadically by tenant and various members of his large, extended family. Tenant had lived in the New York apartment for 30 years, maintained active bank and utility accounts, and received disability payments and other mail at the New York address.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. The trial court found tenant's testimony credible. Tenant showed that the Alabama residence contained few if any furnishings or personal items, was run down, and was used only sporadically by tenant and various members of his large, extended family. Tenant had lived in the New York apartment for 30 years, maintained active bank and utility accounts, and received disability payments and other mail at the New York address. Tenant's prior absences from the apartment, for educational purposes and medical treatment, were excusable.

Hudson St. Equities Group v. Escoffier: NYLJ, 2/28/06, p. 25, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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