Tenant Uses Two Apartments

(Decision submitted by Samuel J. Himmelstein, of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant lived with her family in apartment 2D and used apartment 2F for storage. Landlord claimed that tenant didn't use apartment 2F as a primary residence. Tenant admittedly lived in apartment 2D and claimed that she'd used the two apartments in the same manner since 1951 when she moved in. She showed that prior landlord had made alterations at that time to accommodate her use of apartment 2F for storage. The court ruled for tenant. Since she intended at all times to use apartment 2F for storage, and did so with prior landlord's knowledge and consent, the two nonadjacent apartments made up one residence.

East 53 Co. v. Tarwid: NYLJ, p. 23, col. 1 (7/15/98) (Civ. Ct. NY; Klein, J)