Tenant's Wife Didn't Abandon Apartment

June 30, 1997

LVT Number: 11593

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant agreed to move out of the apartment. Tenant's wife claimed the apartment was her primary residence and that she didn't intend to move out. Landlord argued that wife wasn't tenant and didn't live in the apartment. The court ruled against landlord. Wife had lived in the apartment continuously with tenant for 22 years before moving out temporarily due to marital abuse. She had ``reasonable grounds'' to be absent from the apartment for 14 months. This didn't constitute non-primary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant agreed to move out of the apartment. Tenant's wife claimed the apartment was her primary residence and that she didn't intend to move out. Landlord argued that wife wasn't tenant and didn't live in the apartment. The court ruled against landlord. Wife had lived in the apartment continuously with tenant for 22 years before moving out temporarily due to marital abuse. She had ``reasonable grounds'' to be absent from the apartment for 14 months. This didn't constitute non-primary residence. Wife could remain in apartment and renew lease.

390 West End Assocs., L.P. v. Pearl: NYLJ, p. 30, col. 3 (6/5/97) (Civ. Ct. NY; Birnbaum, J)

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