Tenant's Job Temporarily Transferred to Houston

June 30, 1993

LVT Number: 8002

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court dismissed landlord's petition, and landlord appealed. The appeals court agreed with the lower court that landlord didn't prove its case. Tenant, an airlines reservation supervisor, transferred to Houston temporarily from July 1989 to May 1991. Throughout this period, tenant was registered to vote in New York and made many trips to the New York apartment. Tenant also rented a Houston apartment in six-month intervals and rented all his furniture there.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court dismissed landlord's petition, and landlord appealed. The appeals court agreed with the lower court that landlord didn't prove its case. Tenant, an airlines reservation supervisor, transferred to Houston temporarily from July 1989 to May 1991. Throughout this period, tenant was registered to vote in New York and made many trips to the New York apartment. Tenant also rented a Houston apartment in six-month intervals and rented all his furniture there. Tenant's 1989 change of residence tax form also showed the temporary nature of his Houston relocation. Tenant was eventually promoted by his employer and returned to the apartment in May 1991. Landlord's appeal was dismissed.

Rose v. Mallare: NYLJ, p. 28, col. 6 (6/7/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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