Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
    NYC buildings along the East River
    Co-ops
    Submitting a co-op board package? Starting this summer, you’ll be approved (or rejected) much faster
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the #1 spot on StreetEasy’s top neighborhoods to watch in 2026
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    snow covered cars parked along streets in Brooklyn, NY.
    Rent
    State lawmakers propose pausing evictions during winter
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
    Apartment building staircase
    Rent
    Ask Altagracia: I have trouble walking up stairs. Can I ask my landlord to move me to a lower floor?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    image
    Staging + Open Houses
    The best plants for staging your NYC apartment to sell in winter
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Manhattan downtown skyline at sunrise
    Rent
    Ask Altagracia: My landlord threatened to raise my rent after I reported unsafe wiring. What are my rights?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Will I lose my rent-stabilized apartment if I have to leave town to care for a sick relative?

By Himmelstein McConnell Gribben & Joseph LLP  | July 5, 2022 - 1:00PM
image

Your landlord shouldn't be able to evict you for leaving town to care for a relative.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

I've had my rent-stabilized apartment for 25 years, but travel frequently to care for my sick mother, and might not be living there for more than half the year at a time. Should I have my lawyer send a registered letter to my landlord in case he tries to evict me? And what specific law or statute protects me in this situation?

“In order to qualify for a rent-stabilized apartment, the unit does need to be your primary residence, and generally that means you need live in it for more than half the year,” says Sam Himmelstein, a lawyer at Himmelstein, McConnell, Gribbin & Joseph who represents residential and commercial tenants and tenant associations. 

However, being out of town for medical reasons, including caring for a sick family member is typically permitted. "While there's nothing in the housing code that specifically allows for this, courts have consistently said you can be away even for two or three years if you show the sole reason is to take care of a sick relative," Himmelstein says.

If your paperwork, like voter registration and tax filings, supports your claim that the apartment continues to be your primary residence, courts will tend to look favorably on you if a landlord pursues a non-primary residence claim. The standard as to whether you have spent more than half the year in the apartment is secondary. 

As a result, your landlord shouldn't be able to evict you for leaving town to care for a relative. 

Covid created a new class of eviction case

In addition, if you live in a rent-stabilized apartment but moved out of town temporarily because of the pandemic, Himmelstein says a case against you is unlikely to be successful. 

These types of eviction cases, colloquially called Covid refugee cases, are beginning to emerge. “This is where a landlord is claiming non-primary residence of the tenant over the past two years of the pandemic and it might apply to tenants who are elderly or have health issues and went to live in a safer area or with family in another state,” Himmelstein says.

Himmelstein is among the many tenant lawyers who believe renters will not be evicted if they can prove the timing of their departure from the city coincided with increased anxiety about Covid, they have health issues, or are elderly—and if they can show that the apartment was their primary residence prior to the pandemic.

Make sure your paperwork supports your claim

To protect yourself against any potential eviction proceedings Himmelstein emphasizes there should be no paperwork whatsoever connecting you to a secondary address, whether it's a driver's license, voter registration, mail forwarding, or a tax return. “You should look on paper like you reside 100 percent in New York," he says.

And if the landlord does try to kick you out for living somewhere else, make it clear in your response that your sole reason for being away is for health reasons. You should also be prepared to provide information like relevant names and locations as well as an assurance that you'll return to the apartment as soon as your care is no longer needed.

Ideally you would also have a letter from a doctor saying the move was done on the advice of a physician, Himmelstein says. 

Also, in order for the landlord to challenge you, the first thing they have to do is notice that you're gone, so there’s no benefit in reaching out to your landlord preemptively to explain your situation. 

Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

You Might Also Like

image
Roommates + Landlords Ask Sam: I found out my apartment used to be rent stabilized. Now what?
image
Roommates + Landlords Ask Sam: My landlord won't renew my lease. I think he's retaliating against me, but how do I prove it?
image
Roommates + Landlords Ask Sam: My rent is going up by 30 percent. Can I fight this increase?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Affordable Housing Ask Altagracia family rent regulation tenants' rights
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS