Documents Prove Tenant Lived in Other Building

(Decision submitted by Robert Silversmith of the Manhattan law firm of Silversmith & Veraja, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant based on nonprimary residence. After pretrial questioning, landlord asked the court to rule without a trial based on documents produced by tenant. The court ruled for landlord. Tenant had produced no records showing that he had an ongoing, substantial physical connection with the Manhattan apartment for actual living purposes. On the other hand, records showed that tenant's parents bought a building in Brooklyn in 1981. In 1999, the parents transferred the deed to tenant. The deed listed the Brooklyn building as tenant's address. In 2003, tenant obtained a mortgage for the Brooklyn building and listed his address on mortgage documents as the Brooklyn building. In 2003, tenant transferred the deed to his daughters. The new deed listed the Brooklyn building as tenant's address. In 2006, the mortgage lender issued satisfaction and termination documents to tenant, listing the Brooklyn building as his address. DOF property tax records listed the Brooklyn building as tenant's address from 2005 through April 2010. In 2007 and 2008, tenant and his wife filed joint income tax returns from the Brooklyn address. Although tenant's 2009 income tax returns listed the Manhattan apartment as his residence, his city tax return also listed his school district as one located near the Brooklyn building. This tax return also was prepared after the period relevant to determining primary residence. Con Edison records for the Brooklyn building were in tenant's name from 2005 through May 2010. DHCR rent registration records for the Brooklyn building from 2004 through 2009 listed Apartments 1F and 2F as owner- or employee-occupied. Since tenant didn't transfer ownership of the building to his daughters until September 2005, the records seemed to refer to tenant, and tenant offered no explanation to the contrary.

Patjen Realty Corp. v. Chin: L&T Index No. 052201/10 (Civ. Ct. NY; 4/25/11; Hahn, J) [11-pg. doc.]