Tenant Used Two Apartments as One

January 1, 2001

LVT Number: 14651

Landlord sued to evict rent-stabilized tenant for nonprimary residence from one of two nonadjacent apartments used by tenant. The court ruled against landlord. Landlord appealed and lost. Tenant had used the two nonadjacent apartments for combined family living space for 10 years with landlord's knowledge and consent. Tenant didn't illegally sublet the smaller, studio apartment. That apartment didn't have a kitchen and was used as a bedroom for various family members.

Landlord sued to evict rent-stabilized tenant for nonprimary residence from one of two nonadjacent apartments used by tenant. The court ruled against landlord. Landlord appealed and lost. Tenant had used the two nonadjacent apartments for combined family living space for 10 years with landlord's knowledge and consent. Tenant didn't illegally sublet the smaller, studio apartment. That apartment didn't have a kitchen and was used as a bedroom for various family members.

Windemere Chateau, Inc. v. Nisar: NYLJ, 12/12/00, p. 27, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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