Tenant Didn't Abandon Apartment

July 31, 2008

LVT Number: #20604

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant had lived in the apartment for 32 years and was disabled. The trial court believed the testimony of tenant and other witnesses that tenant temporarily relocated to care for a mentally ill friend after she attempted suicide. Tenant showed that at all times he intended to and, in fact did, return to the apartment. Landlord didn't present any proof that contradicted tenant's testimony.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant had lived in the apartment for 32 years and was disabled. The trial court believed the testimony of tenant and other witnesses that tenant temporarily relocated to care for a mentally ill friend after she attempted suicide. Tenant showed that at all times he intended to and, in fact did, return to the apartment. Landlord didn't present any proof that contradicted tenant's testimony.

Prominent Assets, LLC v. Little: NYLJ, 7/29/08, p. 33, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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