Tenants Spend Winter Months in Florida

Facts: Landlord sued to evict rent-stabilized tenants, husband and wife, based on nonprimary residence. Tenants had lived in the apartment for 45 years, raised their children in the apartment, and in 1995 bought a $20,000 condominium in Florida with their son and his wife. The apartment remained fully furnished, was never sublet, and contained the wife's most important personal possessions. Tenants were both over 80, and spent six months a year, during the winter, in Florida. For tax reasons, the husband named the condominium as his primary residence, but the wife maintained her primary residence in New York. Husband and wife filed joint tax returns from Florida. She maintained ongoing relationships with her doctors in New York, was registered with Social Security there, had at least three active bank accounts in New York, and continued to vote in New York. The wife had no driver's license. The husband surrendered his New York driver's license and now had a Florida driver's license. The wife's voice was on the Florida answering machine. The court ruled for landlord. Tenants appealed and won. Landlord then appealed to a higher court. Court: Landlord loses. The wife proved that she maintained an ongoing physical connection to the New York apartment. She was still a primary resident of the apartment.

Glenbriar Co. v. Lipsman: NYLJ, 10/25/04, p. 27, col. 2 (App. Div. 1 Dept.; Mazarelli, JP, Andrias, Ellerin, Friedman, Gonzalez, JJ)