Documents Proved Tenant Lives in Apartment

April 1, 2006

LVT Number: 18759

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant maintained bank, brokerage, and utilities accounts at the apartment. Her driver's license, tax returns, and voting records also listed the apartment as her address. Tenant's furnishings and personal possessions were kept in the apartment. All this proof outweighed tenant's possibly having permitted other occupants to live in the apartment temporarily.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant maintained bank, brokerage, and utilities accounts at the apartment. Her driver's license, tax returns, and voting records also listed the apartment as her address. Tenant's furnishings and personal possessions were kept in the apartment. All this proof outweighed tenant's possibly having permitted other occupants to live in the apartment temporarily.

Insignia Residential Group v. Zhang: NYLJ, 3/31/06, p. 28, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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