Landlord-Tenant—Rent Stabilization—Non-Renewal Based on Tenant’s Alleged Failure to Maintain Apartment as His Primary Residence—Tenant Alleged that Absence Was Because of Medical Reasons—Court Ordered Tenant to Submit to Independent Medical Examination—Discovery Permitted in Non-Primary Residence Proceeding
A landlord commenced a summary holdover proceeding, seeking possession of a rent stabilized apartment. The landlord had served the tenant with a notice of intention of non-renewal of the subject lease. The landlord alleged that the tenant had not occupied the apartment as his primary residence and had sublet the apartment without the landlord’s approval. The landlord further alleged that for at least two years, the tenant had maintained his primary residence in New Jersey. The tenant countered that his absence from the apartment, “if any, was temporary and for medical reasons” and the subject proceeding was “retaliation stemming from an overcharge award he received against [landlord].” The landlord had moved for “an order granting leave to conduct discovery, and [tenant] cross-moved for the same relief.”
