135 West 13th Street, LLC, sought possession of one of Judith & Danielle’s rent-stabilized apartment because it wasn't their “primary residence.”
After trial, the New York County Civil Court found in the tenants’ favor -- because the judge was of the view that the tenants were entitled to occupy the unit “in the fashion that they see fit.”
But on appeal, the Appellate Term, First Department, reversed and granted possession of the unit to the landlord. The AT1 concluded that the premises were actually being utilized for “storage and convenience,” contrary to public policy, and was unimpressed with the tenants’ failure to establish that they actually required or used the apartment for dwelling purposes.
Dwell on that!
To view a copy of the Appellate Term’s decision, please use this link: 135 W. 13, LLC v S. & S.