Court Disregards Inaccurate Video Surveillance Evidence

Landlord sued to evict rent-stabilized tenant for nonprimary residence, claiming that tenant abandoned her New York apartment for her New Jersey home. Tenant claimed that the New Jersey home was a vacation and investment property she bought in 2005. At trial, landlord relied mostly on video surveillance and E-ZPass records. Landlord also showed that tenant bought two cars, registered in New Jersey, and changed her driver’s license from the New York to the New Jersey address in 2005.

The court ruled against landlord and dismissed the case. Tenant presented many documents showing her connection to the apartment. The video records showed tenant sporadically entering or leaving the apartment, but there were inaccuracies, and it was impossible to tell if the recordings were complete and accurate. The court also found that tenant’s E-ZPass use was insufficient to prove that tenant had given up primary residence in the apartment. Tenant spent a lot of time in New Jersey, but there was no real proof that she permanently abandoned the apartment.

77 Division Ave. LLC v. Toro: NYLJ, 9/1/09, p. 27, col. 1 (Civ. Ct. Kings; Fiorello, J)