Legal Opinion
TOA Construction Co. v. Tsitsires
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
The laws of rent stabilization do not allow for the indefinite retention of the right to rent-stabilized premises by a tenant who does not actually reside in the premises and has no intent to return to reside there at any point in the future. This is no less true where, as here, the tenant’s inability to ever reside there is caused by his mental illness. An apartment used by the tenant solely as a mail drop and storage space and occupied, when it is occupied at all, only by the tenant’s companion, should not be treated as the tenant’s residence. Unless there is…
2Cases cited9 opinions
- MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- MTR OF HERZOG v. JoyAppellate Division of the Supreme Court of the State of New York · 1980
- Herzog v. JoyNew York Court of Appeals · 1981
- Emay Properties Corp. v. NortonAppellate Terms of the Supreme Court of New York · 1987
- Sharp v. MelendezAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
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