The New York State Court of Appeals recently held that a foreign national who was in the United States in B-2 visa status could not seek protections available under the rent stabilization laws of New York City. At issue was the requirement that a rent-stabilized apartment must be used as the “primary residence” of the tenant. The Court noted that while the rent stabilization laws require the apartment to be the tenant’s “primary residence,” the B-2 visa attests that the foreign national’s “principal, actual dwelling place” is outside of the United States. The B-2 Visa is a non-immigrant visa that allows tourists to visit the United States for up to six months. Thus, the Court determined that the foreign national could not utilize the rent stabilization laws. Katz Park Avenue Corp. v. Jagger, 11 N.Y.3d 314, 869 N.Y.S.2d 4 (Oct. 23, 2008).