The common scenario: You have a rent-stabilized apartment in Manhattan. You travel frequently throughout the year on business; sometimes you are gone for several weeks. However, you call your apartment “home.” Some noisy neighbor tells the landlord that you no longer reside at your apartment and three months ago was the last time you visited your apartment. You received legal papers to evict you. What is your next step?
You should contact an attorney immediately to discuss your legal options. Tenants afforded the protection under Rent Stabilized Laws must use their apartments as their primary residence. There are several factors that are outlined in the Rent Stabilized Code that are not solely determinative, but are considered in evaluating whether the tenant is using the apartment as his or her primary residence, including the total number of days that the tenant occupies the apartment. To find out more about whether your landlord can evict you as a rent-stabilized tenant, contact the Law Office of Tamara I. Jordan P.L.L.C.