Did Rent-Stabilized Tenant Deceive Landlord While Daughter Lived in Apartment?

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had in fact moved out of the apartment while her daughter lived there. Tenant and tenant's daughter asked the court to dismiss the case, claiming that landlord's lease nonrenewal notice wasn't specific enough. Landlord claimed that there were no questions of fact requiring a trial.

The court ruled against tenant and landlord, each in part. Landlord's nonrenewal notice listed two alternative addresses where landlord claimed that tenant's daughter lived during the period in question. Those addresses showed up in voter registration records and wireless phone account statements. The notice also stated that landlord hadn't seen tenant at the building in several years. So landlord's nonrenewal notice was sufficient. But there also were genuine questions of fact as to whether tenant's daughter co-occupied the apartment with tenant for at least two years before tenant moved out. So a trial was needed to determine whether tenant engaged in a systematic pattern of deception by signing renewal leases and money orders in her name while she didn't live in the apartment.

5712 Realty LLC v. Taylor: Index No. L&T 78120/18, 2019 NY Slip Op 29106 (Civ. Ct. NY; 4/9/19; Ortiz, J)