Landlord Doesn't Need Proof of Alternate Address

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court dismissed the case, finding that landlord had insufficient proof to pursue its claim. Landlord appealed and won. Landlord presented proof at trial that building employees didn't see tenant for extended periods of time, that electricity usage in the apartment was minimal, and that materials such as take-out menus and telephone books piled up outside tenant's apartment door. This was enough for landlord to satisfy its initial burden of showing nonprimary residence. The court should have examined tenant's credibility and the merits of her defenses instead of simply dismissing the case because landlord didn't know of an alternate address for tenant. The absence of the alternate address didn't bar landlord's claim.

Oakridge Center, LLC v. Anthopoulis: NYLJ, 11/4/08, p. 34, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)