Tenant Went to California to Help Aging Parents
LVT Number: #22058
Facts: Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that she temporarily relocated to California to care for her sick, elderly parents while her teenage daughter remained in the New York apartment and attended high school. Tenant said she was unable to stay in her parents’ small senior-center apartment, so she lived in makeshift quarters and worked as a researcher to support herself while she took her parents to doctors’ appointments. Tenant also returned to the apartment every two or three months, to remain for two to five weeks at a time. She kept her furniture there, and maintained utility accounts and bank accounts there. Tenant never voted or owned property in California. The trial court ruled against landlord and dismissed the case. Landlord appealed and lost, then appealed again.
Court: Landlord loses. Tenant temporarily relocated to care for her sick parents, and did not give up her primary residence in the New York City apartment. The court also upheld an award of $34,000 in attorney’s fees to tenant.
542 E. 14th St. LLC v. Lee: NYLJ, 7/9/09, p. 33, col. 1 (App. Div. 1 Dept.; Tom, JP)