Is Apartment Rent-Stabilized Tenant's Primary Residence?

December 17, 2017

LVT Number: #28076

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed, and the court reopened the case and sent it back for a new trial. The trial court found that tenant had split her time almost evenly between the apartment and a house in Pennsylvania. But the court concluded that tenant's Pennsylvania voter registration and tax filings decided the case in landlord's favor. The appeals court found that this was an error because no single factor should be solely determinative of primary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed, and the court reopened the case and sent it back for a new trial. The trial court found that tenant had split her time almost evenly between the apartment and a house in Pennsylvania. But the court concluded that tenant's Pennsylvania voter registration and tax filings decided the case in landlord's favor. The appeals court found that this was an error because no single factor should be solely determinative of primary residence. There were other facts that required further consideration.

92 Cooper Assoc., LLC v. Roughton-Hester: 57 Misc.3d 156(A), 2017 NY Slip Op 51531(U) (App. T. 1 Dept.; 11/30/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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