Landlord Proved Tenant's Primary Residence Was in Barbados

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. There was undisputed proof that tenant wasn’t present in the apartment at all during the two-year term of her last renewal lease. Tenant instead was in Barbados, where she owned a house and car, and maintained a driver’s license. Evidence presented at trial showed that tenant’s absence wasn’t temporary or excusable but that tenant had abandoned the apartment as her primary residence. Tenant left for Barbados in July 2009, one day after a prior nonprimary residence proceeding was resolved and never returned or visited the apartment until March 2012, after the new case was started against her. During her absence, all tenant’s New York bills were paid by automatic payments; she failed to file federal or New York State tax returns for 2009, 2010, and 2011; she listed the Barbados house on sworn documents as her residence; and she maintained utility and bank accounts in Barbados. She also was treated by doctors and dentists in Barbados. Tenant clearly didn’t have an ongoing, substantial, physical nexus with the apartment for actual living purposes.

951 LLC v. Carasco: 53 Misc.3d 151(A), 2016 NY Slip Op 51690(U) (App. T. 1 Dept.; 11/29/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)