Apartment Not Tenant's Primary Residence

January 1, 2005

LVT Number: 17800

After a hearing, HPD ruled that tenant wasn't primarily residing in his subsidized apartment and that landlord could start an eviction case. Tenant appealed HPD's ruling, claiming that it was unreasonable. The court ruled against tenant. HPD's ruling was based on substantial proof that the apartment wasn't tenant's primary residence. Tenant offered no proof to the contrary.

After a hearing, HPD ruled that tenant wasn't primarily residing in his subsidized apartment and that landlord could start an eviction case. Tenant appealed HPD's ruling, claiming that it was unreasonable. The court ruled against tenant. HPD's ruling was based on substantial proof that the apartment wasn't tenant's primary residence. Tenant offered no proof to the contrary.

Li v. HPD: NYLJ, 12/2/04, p. 24, col. 3 (App. Div. 1 Dept.; Buckley, PJ, Williams, Lerner, Gonzalez, Sweeny, JJ)

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