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NY paid family leave act and primary residence

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NY paid family leave act and primary residence

Postby kvpmas » Wed Oct 30, 2019 6:01 pm

Dear Sir/Madam,
Thank you in advance for any advice you can provide.
I live in a large complex in the two bridges area.
It is regulated under PHFL Article 4 § 82(12) from Albany.
I may need to leave the country to care for an ailing family member.
Primary residence requires that tenants occupy their apartments for 183 days a year.
Are there exceptions if a tenant is out of the country and taking NY paid family leave?
Or am I at risk of losing my apartment if I am gone for over 6 months?
Thanks again
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Re: NY paid family leave act and primary residence

Postby TenantNet » Wed Oct 30, 2019 6:17 pm

We're not familiar with the provisions of the PHFL. In normal rent stab, yes, a tenant is generally expected to spend (at least) 183 days per year in order to maintain primary residency status. That means the tenant needs to actually stay there.

While there may be exceptions to this rule, I don't know if its is something enshrined in actual legislation, or just a rule from HPD, or if there are any case decisions on this.

Obviously, caring for a family member might seem to be an excuse, but I've not seen that. To find out, you should probably consult with a tenant attorney.

More than that, do you have another family member (spouse or adult child?) that can stay in the unit while you are away? Of course a lot depends on the LLs history of litigation, and your relationship with the onsite super (assuming such a person exists). A super can be helpful, but is no way a guarantee that the LL will not bring a case.
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