Documents Showed Tenant Lived at New York City Address

January 1, 2005

LVT Number: 17801

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant maintained bank, brokerage, and utility accounts at the New York City apartment. He also filed his tax returns and voted from that address, and kept furniture and personal property in the apartment. Tenant admitted spending a lot of time in Florida. But he explained that he was there to care for his 98-year-old mother. Tenant had no ownership interest in his mother's Florida apartment and slept on a sofa bed in the living room when he visited her.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant maintained bank, brokerage, and utility accounts at the New York City apartment. He also filed his tax returns and voted from that address, and kept furniture and personal property in the apartment. Tenant admitted spending a lot of time in Florida. But he explained that he was there to care for his 98-year-old mother. Tenant had no ownership interest in his mother's Florida apartment and slept on a sofa bed in the living room when he visited her.

Lance Realty Co. v. Fefferman: NYLJ, 12/9/04, p. 29, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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