First Avenue Equities LLC v. Yael Doron, James Bradford Winslow, John Doe, Jane Doe (2014)
A NY landlord successfully brought a holdover proceeding against a tenant with dual citizenship who was occupying a rent-stabilized apartment. The court concluded that the tenant, who was a dual American and Israeli citizen, did not primarily reside in the rent-stabilized apartment. The tenant lived in Israel for all but 54 days during the three and one- half year period preceding the effective date of the landlord’s termination notice. The tenant was also shown to have unlawfully and surreptitiously sublet the Manhattan apartment during her extended absence. The tenant argued that her relocation to Israel was to obtain special services for her autistic son. However, the tenant failed to adequately explain why she and her son did not resume occupancy of the apartment until within weeks of the landlord’s service of a Golub notice of intent not to renew.