Tenant Absent from Apartment for 19 Years

April 30, 1998

LVT Number: 12306

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Although tenant had lived in the apartment for three or four months before landlord sent tenant the termination notice, tenant hadn't lived in the apartment at all between 1974 and 1993. Even more notably, tenant hadn't lived in the apartment for the first 16 months of the most recent 24-month renewal period.

Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Although tenant had lived in the apartment for three or four months before landlord sent tenant the termination notice, tenant hadn't lived in the apartment at all between 1974 and 1993. Even more notably, tenant hadn't lived in the apartment for the first 16 months of the most recent 24-month renewal period. So tenant didn't have the ongoing, substantial, physical connection with the apartment for actual living purposes that was required to establish primary residence under the rent stabilization law.

Berwick Land Corp. v. Mucelli: NYLJ, p. 28, col. 6 (4/6/98) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Tom, JJ)

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