Tenant's Temporary Absence Due to Marital Problems

April 1, 2006

LVT Number: 18758

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant lived in the apartment for three years before he got married, and continued to live there after his wife moved out. Tenant and his estranged wife jointly owned a house in New Jersey. Tenant testified that he regularly commuted to New Jersey to help care for their daughter, but that he returned to the apartment to sleep every night. Tenant's primary residence remained the apartment, despite temporary absences due to marital problems.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant lived in the apartment for three years before he got married, and continued to live there after his wife moved out. Tenant and his estranged wife jointly owned a house in New Jersey. Tenant testified that he regularly commuted to New Jersey to help care for their daughter, but that he returned to the apartment to sleep every night. Tenant's primary residence remained the apartment, despite temporary absences due to marital problems. Although tenant's joint tax returns and credit cards listed the New Jersey address, the trial court fairly interpreted the evidence and found tenant's testimony believable.

Surrey Hotel Assocs. v. Talukder: NYLJ, 3/29/06, p. 24, col. 4 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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