Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant

March 26, 2021

LVT Number: #31295

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord's witness admitted that he couldn't recall if he ever met tenant. Tenant testified that she traveled to Pennsylvania in February 2013 to assist her daughter with relocation from NYC. She remained until June 2013 to ensure her grandson adjusted to the move, and then returned to NYC and didn't return to PA often.

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord's witness admitted that he couldn't recall if he ever met tenant. Tenant testified that she traveled to Pennsylvania in February 2013 to assist her daughter with relocation from NYC. She remained until June 2013 to ensure her grandson adjusted to the move, and then returned to NYC and didn't return to PA often. Tenant also produced financial documents listing the apartment as her address. The trial court found tenant credible and dismissed the case. 

456 LLC v. Wagstaff: Index No. 89010/17, NYLJ No. 1612835571 (Civ. Ct. Kings; 2/1/21; Wang, J)

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