Practice point: A landlord may recover possession of a rent-stabilized apartment if it is not occupied by the tenant as the primary residence.
Practitioners should note that “primary residence” will be construed as an ongoing, substantial, physical nexus with the premises for actual living purposes.
Case: 542 E. 14th St. LLC v. Lee, NY Slip Op 05689 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Contracts.
