Tenants Moved to Nursing Home

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Facts: Landlord sued to evict rent-controlled tenants for nonprimary residence. Tenants both lived in a nursing home but claimed that this was only temporary and that they intended to return to the apartment. Their belongings were still in the apartment, they paid utilities, and they received mail there. Court: Landlord wins. In light of tenants' ages, the testimony of their doctor, their inability to make any decisions or express any intent to move back to the apartment, their family's lack of intent or effort to return them to the apartment, the limited space in the apartment for attending to their special needs, and the lack of proof of any ongoing, substantial, physical connection to the apartment, there was insufficient proof that the apartment was still tenants' primary residence. The tenants, a married couple aged 94 and 88, both had advanced dementia, were unable to walk, often fell down, and couldn't bathe or feed themselves. Tenant husband had been in the nursing home since October 1995, tenant wife since May 1997.

B.C.D.E. Realty Corp. v. Vitale: Index No. 103180/97 (4/30/98) (Civ. Ct. NY; Renwick, J) [11-page document]