Landlord Doesn't Prove Nonprimary Residence

December 26, 2018

LVT Number: #29845

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Although tenant owned two properties with the requirement that he maintain each as a primary residence, that alone didn't prove that tenant failed to maintain the apartment as his primary residence, and tenant claimed that they were his business addresses. Tenant also stated that he rented those properties to his own tenants.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Although tenant owned two properties with the requirement that he maintain each as a primary residence, that alone didn't prove that tenant failed to maintain the apartment as his primary residence, and tenant claimed that they were his business addresses. Tenant also stated that he rented those properties to his own tenants. Various documents, including tenant's voter registration, driver's license and auto registrations, pay stubs, federal tax returns, and mail verifications all reflected the apartment as tenant's address. Testimony from neighbors that they didn't see tenant often at the building didn't prove nonprimary residence. Landlord didn't present sufficient proof of nonprimary residence against tenant.

Astor Row Housing Development Fund Corporation v. Rodriguez: 61 Misc.3d 1216(A), 2018 NY Slip Op 51540(U)(Civ. Ct. NY; 11/5/18; James, J)

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