EZ Pass Records Show N.J. Residence Was Weekend Home

December 1, 2008

LVT Number: #20856

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived primarily in Fords, N.J. Tenant claimed that the New Jersey house was just a weekend home. The court ruled against landlord after a trial and dismissed the case. Landlord appealed and lost. Tenant presented documentation at the trial showing her substantial physical connection to the New York City apartment. She explained why she registered her car in New Jersey. And EZ Pass records presented at trial by landlord supported tenant's explanation of how the car was used.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived primarily in Fords, N.J. Tenant claimed that the New Jersey house was just a weekend home. The court ruled against landlord after a trial and dismissed the case. Landlord appealed and lost. Tenant presented documentation at the trial showing her substantial physical connection to the New York City apartment. She explained why she registered her car in New Jersey. And EZ Pass records presented at trial by landlord supported tenant's explanation of how the car was used.

ST Owner LP v. Ward: NYLJ, 11/5/08, p. 43, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)

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