Tenant's Wife's Absence from Apartment Was Excusable

April 30, 1999

LVT Number: 13208

Landlord sued to evict rent-stabilized tenant's wife after tenant moved out. Tenant's wife claimed pass-on rights to the apartment. The court ruled for tenant's wife, and landlord appealed. Landlord pointed out that tenant's wife hadn't lived in the apartment during the two-year period before tenant vacated. The appeals court ruled against landlord. Tenant's wife had moved into the apartment in 1973, when she married tenant. She proved that she had moved out temporarily in 1995 because tenant was abusive. This was an excusable absence that didn't interrupt the chain of residency.

Landlord sued to evict rent-stabilized tenant's wife after tenant moved out. Tenant's wife claimed pass-on rights to the apartment. The court ruled for tenant's wife, and landlord appealed. Landlord pointed out that tenant's wife hadn't lived in the apartment during the two-year period before tenant vacated. The appeals court ruled against landlord. Tenant's wife had moved into the apartment in 1973, when she married tenant. She proved that she had moved out temporarily in 1995 because tenant was abusive. This was an excusable absence that didn't interrupt the chain of residency.

390 West End Assocs., L.P. v. A P: NYLJ, p. 26, col. 1 (4/6/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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