Coronet Properties Co. v. Brychova

OPINION OF THE COURT

Stephen P. Kramer, J.

This case presents the question of whether the Rent Stabilization Law and Code extend to an apartment leased by an itinerant tenant who spends all but a handful of days every year traveling to various professional engagements. The statute provides that it shall not extend to “housing accommodations which are not occupied by the tenant * * * as his primary residence”. (Emergency Tenant Protection Act of 1974, § 5, subd a, par [11], as added by L 1974, ch 576, § 4, as amd by L 1983, ch 403, § 55.)

The facts in this case are as follows. The tenant leased…