Tenant in England for Past Three Years
LVT Number: 11879
Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants answered pretrial questions and stated that tenant husband had been in England for three years receiving treatment for leukemia. Tenant wife had been traveling back and forth during that time and admitted spending only 95 days per year in the apartment. Tenants also owned a house in England. They admitted that they weren't registered to vote, didn't have driver's licenses, and hadn't filed income tax returns for the past five years. Con Edison records showed that tenants' utility account had been inactive since 1990. Landlord asked the court to decide the case without a trial based on this information. Tenants claimed they intended to move back to the apartment in Jan. 1998 when tenant husband was feeling better. The court ruled for landlord. Landlord showed that tenants didn't use the apartment as their primary residence. Tenants' expressed hope to move back wasn't sufficient to prove connection to the apartment, and tenants can't cure nonprimary residence.
Elghanayan v. George: NYLJ, p. 30, col. 2 (10/29/97) (Civ. Ct. NY; Mills, J)