Landlord Claims Tenant Primarily Resided in Husband's Studio

February 8, 2013

LVT Number: #24611

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord claimed that tenant lived primarily with her husband in a 12' by 18' kitchenless studio apartment in the neighborhood. But tenant and her witnesses testified credibly about tenant's living and working arrangements. Landlord offered little testimonial proof to the contrary.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord claimed that tenant lived primarily with her husband in a 12' by 18' kitchenless studio apartment in the neighborhood. But tenant and her witnesses testified credibly about tenant's living and working arrangements. Landlord offered little testimonial proof to the contrary. Tenant's occasional use of her husband's nearby studio apartment didn't require a finding of nonprimary residence at her own apartment.

370 Columbus Realty LLC v. Liew: 38 Misc.3d 135(A), 2013 NY Slip Op 50131(U) (App. T. 1 Dept.; 1/30/13; Shulman, JP, Hunter Jr., Torres, JJ)

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