PRIMARY RESIDENCE

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...

Landlord Didn't Serve Timely Lease Nonrenewal Notice

July 27, 2021    

Landlord sued to evict rent-stabilized tenant in Nassau County for nonprimary residence. Among other things, tenant claimed that landlord failed to serve a timely notice of lease nonrenewal under ETPR Section 2503.5...

Nonprimary Residence Claim Dismissed Despite Some Proof of Second Apartment

June 22, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant and her seven witnesses demonstrated that she maintained an ongoing...

Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant

March 26, 2021    

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord...

Tenant Who Often Stayed with Companion Still Maintained Apartment as Primary Residence

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Although tenant often slept at her 75-year-old companion's apartment, the court found that tenant...

Tenant's STAR Exemption for Yonkers House Didn't Preclude Primary Residence in Manhattan

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't respond to landlord's court petition, but tenant's son claimed that tenant had moved out and that he had succession...

90-Year-Old Tenant Was Absent from Apartment Due to Injuries in Portugal

February 24, 2020    

Landlord sued to evict 90-year-old rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in Portugal. The trial court ruled for tenant and dismissed the case. Landlord...