Landlord Can't Conduct Pretrial Questioning on Nonprimary Residence Claim

December 1, 1999

LVT Number: 13729

Rent-stabilized tenant complained of a rent overcharge. The court and appeals court ruled for tenant, and landlord appealed to New York's highest court. Landlord claimed it should have been allowed to conduct pretrial questioning on whether tenant used the apartment as her primary residence. The court ruled against landlord. The lower courts properly ruled, without a trial, that tenant lived in the apartment as her primary residence. Tenant showed sufficient proof of her continual occupancy in the apartment.

Rent-stabilized tenant complained of a rent overcharge. The court and appeals court ruled for tenant, and landlord appealed to New York's highest court. Landlord claimed it should have been allowed to conduct pretrial questioning on whether tenant used the apartment as her primary residence. The court ruled against landlord. The lower courts properly ruled, without a trial, that tenant lived in the apartment as her primary residence. Tenant showed sufficient proof of her continual occupancy in the apartment. And landlord had made tenant sign an initial lease stating that she wouldn't be using the apartment as her primary residence. The Rent Stabilization Code bars this type of lease.

Draper v. Georgia Properties: NYLJ, p. 28, col. 5 (11/24/99) (Ct. App. Bellacosa, Smith, Levine, Ciparick, Wesley, Rosenblatt, JJ)

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