Tenant/Wife Is Primary Resident Though Husband Lived in Florida

November 1, 2005

LVT Number: 18432

Facts: Long-term rent-stabilized tenants, who were husband and wife, moved into the apartment in 1959. In 1995, they bought an apartment in Florida. Landlord sued to evict tenants for nonprimary residence. Husband admitted that he lived primarily in Florida for health reasons. He died in 2005. But tenants argued that wife primarily resided in the New York apartment. She claimed to spend at least 183 days a year in New York, and maintained bank accounts and family possessions in the New York apartment. The wife voted in New York, and tenants never sublet the apartment.

Facts: Long-term rent-stabilized tenants, who were husband and wife, moved into the apartment in 1959. In 1995, they bought an apartment in Florida. Landlord sued to evict tenants for nonprimary residence. Husband admitted that he lived primarily in Florida for health reasons. He died in 2005. But tenants argued that wife primarily resided in the New York apartment. She claimed to spend at least 183 days a year in New York, and maintained bank accounts and family possessions in the New York apartment. The wife voted in New York, and tenants never sublet the apartment. However, they did get a homestead exemption for the Florida residence. The court ruled for landlord after a trial. Tenant appealed, and the case eventually went to the state's top court. Court: Landlord loses. One tenant spouse could have primary residence in the apartment while the other primarily resided in Florida. Landlord didn't meet its burden of showing that the apartment wasn't wife's primary residence.

Glenbriar Co. v. Lipsman: NYLJ, 10/21/05, p. 18, col. 5 (Ct. App.; Smith, PJ; Kaye, Ciparick, Rosenblatt, Graffeo, Read, Smith, JJ)

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