¶1(dissenting). I respectfully dissent. In my opinion, the Civil Court correctly dismissed the petition. The fact that the tenant is presently incarcerated does not ipso facto alter the fact that the apartment in question is his primary residence; nor does it invalidate what would otherwise be a lawful roommate arrangement.
¶2Parness, J. P., and Ostrau, J., concur; Sandifer, J., dissents in a separate memorandum.