1250 Broadway, 27th Floor New York, NY 10001

BOW OUT

After Bow Quon moved to an assisted-living facility in Westchester County, her landlord filed a holdover proceeding to recover the rent-controlled apartment, claiming that Bow Quon no longer used the regulated unit as her primary residence.

When the New York County Civil Court sided with the landlord after a trial, Bow Quon appealed.

While Quon visited her apartment a "few times in four years," she never spent the night there. She also listed the Westchester facility's address on all of her "financial documents" and received all of her mail there. Based on that evidence, the Appellate Term, First Department, concluded that the tenant's relocation wasn't a "temporary, excusable absence," and that forfeiture of the regulated unit was warranted.

Wow, Bow!

To view a copy of the Appellate Term's decision, please use this link: Manhattan Transfer, L.P. v. Quon

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