BBG News

Groundbreaking Win Relating to COVID-19 Defenses in a Non-Primary Residence Case

Feb 29, 2024

In a decision of first impression and creating legal precedent, BBG obtained a favorable result after trial in a non-primary residence proceeding, wherein the Court rejected a long-term rent regulated tenant’s allegation that her absence was excusable because of the COVID-19 pandemic.

Court’s Decision on Tenancy and COVID-19

The court scrutinized the case of a rent regulated tenant who, despite having over a 40 year tenancy, could not justify her extended absence from her apartment after, among other things, receiving a COVID-19 vaccination. Given her senior status and the unprecedented situation caused by the pandemic, the tenant argued that her absence should be excused. However, the court concluded that she failed to establish her defenses.

BBG Successfully Disproved Tenant’s Alleged Defenses

As noted in the decision, BBG successfully established that the tenant failed to prove her defenses because she failed to return to apartment after being vaccinated, traveled extensively during the pandemic, sublet her apartment, failed to isolate, and admitted that the reason she failed to reside in the apartment was not based on COVID-19, but rather her choices of where she wanted to be.

Key Contributions and Legal Expertise

The success of this case can be attributed to the diligent and skilled efforts of BBG Partners, David Skaller and Daniel P. Phillips. Their expertise and dedication were crucial in achieving a favorable outcome, highlighting the critical role of knowledgeable legal representation in navigating the ever-changing landscape of housing law.

Mr. Skaller and Phillips practice as Partners in the Firm’s Litigation Department handling complex residential and commercial plenary actions, eviction proceedings, and landlord-tenant disputes in the New York City Civil Courts and New York State Supreme Courts.

Seeking Further Information?  Contact Us..

For anyone seeking clarity on how this landmark decision might impact their situation or requiring legal advice on similar matters, we encourage you to reach out to our firm.

To read the entire decision, click here.

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