Brooklyn College Professor Primarily Resided in Connecticut

August 18, 2015

LVT Number: #26321

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant rented the apartment in 1975 and prior to his marriage in 1993, he bought a house in Connecticut. The court found that tenant primarily resided in Connecticut with his wife and family, where he was registered to vote. He taught classes at Brooklyn College two or three days per week and generally went to Connecticut on Fridays, returning on Tuesday or Wednesday.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant rented the apartment in 1975 and prior to his marriage in 1993, he bought a house in Connecticut. The court found that tenant primarily resided in Connecticut with his wife and family, where he was registered to vote. He taught classes at Brooklyn College two or three days per week and generally went to Connecticut on Fridays, returning on Tuesday or Wednesday. Tenant’s work duties were divided among teaching (25%), research (60%), and committee work (15%). Tenant did all of his research work in Connecticut. Tenant testified that he spent 120 to 160 days per year at the apartment, didn’t have a driver’s license, but did his banking Brooklyn and all of his healthcare providers were in Brooklyn. 

 

 

 
Kalikow Family Partnership, LP v. Seidemann: 28 Misc.3d 134(A), 2015 NY Slip Op 51080(U) (App. T. 2 Dept.; 7/14/15; Weston, JP, Aliotta, Elliot, JJ)

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