PRIMARY RESIDENCE

Court Upholds HPD Ruling that Mitchell-Lama Tenant Didn't Use Apartment as Primary Residence

June 26, 2024    

Tenant filed an Article 78 court appeal of an HPD decision that tenant wasn't using her Mitchell-Lama apartment as her primary residence, and granting landlord a certificate of eviction. The court transferred the...

Landlord's Lease Nonrenewal Notice Was Fatally Defective

April 26, 2024    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant filed for ERAP rental assistance while the case was pending, and landlord asked the court to vacate the automatic ERAP stay of the...

Nonprimary Residence Claim Against Tenant Dismissed Due to Defective Termination Notice

August 28, 2023    

Landlord sued to evict an 82-year-old rent-stabilized tenant who had lived in the apartment for 47 years based on nonprimary residence. Landlord asked the court for permission to conduct pre-trial questioning. Tenant...

Tenant's Lease Violation Complaint Dismissed Since Landlord Had Sent Nonrenewal Notice

May 22, 2023    

Tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to renew his lease that was set to expire on Nov. 30, 2022. The DRA ruled for tenant based on landlord's failure to answer the...

New Trial Needed on Landlord's Nonprimary Residence Claim

March 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and won. At trial, tenant testified that he became ill while on a...

Tenant Had No Credible Explanation for Extensive Absence from Apartment

February 22, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court found no grounds to disturb the court's findings, which were based...

NYC Remained Wife's Primary Residence Despite Retreat to Summer Home During Pandemic

April 25, 2022    

Husband and wife, who lived in New York County, owned a second home in Suffolk County. The wife retreated there in March 2020 when the COVID pandemic struck. In August 2020, the husband sued for divorce in Suffolk...

Landlord Must Offer Tenant Renewal Lease Despite Nonprimary Residence Claim

April 15, 2022    

Rent-stabilized tenant complained to the DHCR that landlord failed to renew her lease. In response, landlord argued that tenant wasn't maintaining the apartment as her primary residence. Tenant's last lease...

No Default Judgments Granted Where Court Papers Were Served Improperly

February 15, 2022    

Landlord sued to eject former rent-stabilized tenant, one named apartment occupant, and other "John Does" or "Jane Does." Landlord claimed that tenant was a nonprimary resident, while occupants...

Tenant Primarily Resided in Washington, D.C.

January 26, 2022    

Landlord sued to evict rent-regulated tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Building employees credibly testified that tenant didn't use his apartment as...

Tenant Fails to Rebut Landlord's Proof of Nonprimary Residence

November 17, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord, finding that tenant didn't have a substantial physical nexus to the apartment. Tenant appealed and...

Tenant's Extended Absence for Hospitalization Excusable

November 17, 2021    

Landlord sued to evict a loft tenant in an interim multiple dwelling (IMD) based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. The appeals court upheld the lower court...