What constitutes a “Primary Residence”?

A primary residence is a housing accommodation that one occupies for more than 183 days in a calendar year.

• That is the address that is used for your income tax returns, motor vehicle registration, driver’s license or other documents filed with a public agency.

• It is also the address that is used for your voting registration.

Your rent stabilized status is protected and preserved IF the apartment is your primary residence as defined above.  If it is not your primary residence you may not be entitled to the rent stabilized protections.

If it is not your primary residence your landlord does not have to renew your lease! However, in order to evict the tenant, the landlord must take the tenant to Housing Court.

If that happens, you will have the opportunity to show/prove that the apartment is in fact your Primary Residence (if it is).