Underutilized Apartment

April 30, 2001

LVT Number: 14945

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord even though it found that tenant underutilized the apartment and rejected her claim that she stayed away from the apartment because of asbestos. Landlord appealed and won. Tenant didn't show a believable, excusable reason to be away from the apartment. She spent a lot of time visiting her parents' house in Florida or staying at her boyfriend's apartment in Manhattan. There was also another apartment occupant there for months at a time.

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord even though it found that tenant underutilized the apartment and rejected her claim that she stayed away from the apartment because of asbestos. Landlord appealed and won. Tenant didn't show a believable, excusable reason to be away from the apartment. She spent a lot of time visiting her parents' house in Florida or staying at her boyfriend's apartment in Manhattan. There was also another apartment occupant there for months at a time. In this case, landlord didn't have to prove which of the several alternate addresses tenant stayed at was her primary residence.

Emel Realty Corp. v. Carey: NYLJ, 4/11/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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