Elderly Tenants Own Condo in Florida

June 30, 2002

LVT Number: 15943

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for landlord. Tenants appealed and won. Tenants were husband and wife, were elderly, had lived in the apartment since 1959, and bought a condominium in Florida in 1995. Tenant husband may have spent more than half the year in Florida. Tenant wife spent at least half the year in the New York apartment. Tenant wife continued to vote, maintain a bank account, and receive medical care in New York.

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for landlord. Tenants appealed and won. Tenants were husband and wife, were elderly, had lived in the apartment since 1959, and bought a condominium in Florida in 1995. Tenant husband may have spent more than half the year in Florida. Tenant wife spent at least half the year in the New York apartment. Tenant wife continued to vote, maintain a bank account, and receive medical care in New York. Tenants' application for a Florida homestead exemption and failure to file New York income tax returns didn't prove nonprimary residence in the circumstances.

Glenbriar Co. v. Lipsman: NYLJ, 6/5/02, p. 21, col. 3 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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