This piece appeared in the Real Estate Section of Sunday's New York Times
Stabilized Tenant Wants to Branch Out
BY: JAY ROMANO
Q I have been a rent-stabilized tenant in a Manhattan building for almost 20 years. My husband and I were thinking about renting another apartment in our building to use for entertaining. Would this jeopardize my rent-stabilized status?
A Lucas A. Ferrara, a Manhattan real estate lawyer and adjunct professor at New York Law School, says that as long as the rent-stabilized apartment remains the primary residence, she and her husband can rent another apartment in the building without losing regulated status. When a court is asked to make a primary-residence assessment, Mr. Ferrara said, it will usually look at a number of factors, including whether the regulated apartment is being occupied by the tenant for at least 183 days of the year, excluding temporary absences for hospitalization, military service or other acceptable reasons.
Consideration will also be given to the testimony of the landlord, the tenant, and other building residents and employees; and to the address recorded on public records and personal documents like tax returns and utility bills.