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Old 02-08-2014, 08:03 PM
31,445 posts, read 26,279,616 times
Reputation: 24283


Years ago before Manhattan became the sizzling hot real estate market it has become today, it was not uncommon for families to "keep" a RS apartment or two. Usually these piled up as people married and the husband or wife moved into residence with their spouse, and or even if homes were purchased in the suburbs.

These excess apartments were used for a pied-a-terre, guest apartments, places for college students in the family, etc.... Landlords for the most part didn't mind because rents were being paid on time, and quite frankly demand wasn't so great as to warrant going through the hassles of finding a new tenant.

About the 1980's all this began to change along with Manhattan becoming the "kinder and safer" suburban place to live. Huge pre-war RS apartments and everything else everyone knew for years were either illegally being sublet or the tenant/tenants of record lived elsewhere were recaptured by landlords. This was usually done via non-primary residence housing court actions.

It was also during this period and into the 1990's that between statue and court cases succession rights became more concrete and in some cases expanded to include "non-traditional" family members. The latter was also in response to the HIV/AIDs epidemic that was part of NYC at that time. Gays could not marry and often after one partner died the survivor could find themselves facing eviction from a RS apartment because in the landlord's eyes they were "strangers".
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Old 02-10-2014, 11:38 AM
Location: Manhattan
25,330 posts, read 36,777,102 times
Reputation: 12727
There is no such law against having more than one RS apartment per se. However
there are statues about primary residence. If a tenant can convince a judge
that he or she is using both to meet said requirement and not afoul of any other
provision of the lease, that is that.
If a husband can convince a judge and jury that he was justified in strangling his wife because she changed the channel, then that also is that.
You pose a big IF, Bugsy.

So then the judge asks for voting registration? Do you show him TWO of them? Two driver's licenses? Two 1040's? Two places where you sleep for 183 days per year (yeah, yeah...I know: Leap Year.)

In common parlance, and probably ALL parlance, PRIMARY means ONE. A primary reason, a primary desire, a primary residence.
From the romance languages: PRIMO = FIRST.

The rent stabilization law does not allow for two primary residences
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