Documents List Different Address for Tenant

April 30, 2001

LVT Number: 14944

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. At the trial, landlord showed minimal electrical use at the apartment during the relevant time period. Tenant's 1995 and 1996 joint tax returns listed his wife's address as his own. Tenant traveled in the U.S. and abroad for business, kept a car in Massachusetts, and had a driver's license there. He also had other occupants in the small studio apartment at least twice, and both times, the occupants had telephone and Con Ed accounts in their own names.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. At the trial, landlord showed minimal electrical use at the apartment during the relevant time period. Tenant's 1995 and 1996 joint tax returns listed his wife's address as his own. Tenant traveled in the U.S. and abroad for business, kept a car in Massachusetts, and had a driver's license there. He also had other occupants in the small studio apartment at least twice, and both times, the occupants had telephone and Con Ed accounts in their own names. Tenant clearly didn't have the ongoing, physical connection to the apartment required to find that he used it as his primary residence.

105-107 St. Marks Assocs. LP v. Becker: NYLJ, 4/11/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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