Tenants' Orange County House Is Just Weekend/Holiday Home

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Landlord claimed that tenants' Orange County house was where they primarily lived. The trial court ruled against landlord, who appealed and lost. Although some documents listed the Orange County house as tenants' address, tenants and other witnesses showed that the New York apartment was fully furnished, tenants had full-time jobs in Manhattan, they regularly attended cultural events in New York City related to their employment, and they frequently entertained guests in the apartment. Landlord also admitted that tenants spent well in excess of 183 days per year in the apartment, and there was no evidence of subletting. While tenants had a long-term and deep connection to the upstate house, they proved that it was used only as a weekend and holiday retreat.

Ninth Avenue Realty LLC v. McKay: NYLJ, 11/24/10, p. 31, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)