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MATTER OF WELL DONE REALTY, LLC v. EPPS

10314. 570241/17.

177 A.D.3d 427 (2019)

111 N.Y.S.3d 609

2019 NY Slip Op 08132

In the Matter of Well Done Realty, LLC, Respondent, v. Benjamin Epps et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 12, 2019.

Section 2524.4(c) of the Rent Stabilization Code (9 NYCRR) allows a landlord to refuse to renew a stabilized tenant's lease if the tenant does not occupy the premises as his or her primary residence. The courts have interpreted "primary residence" to mean an "ongoing, substantial, physical nexus with the controlled premises for actual living purposes" (Berwick Land Corp. v Mucelli, 249 A.D.2d 18, 18 [1st Dept 1998] [internal quotation...

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