Landlord Doesn't Prove Tenant Lived in Another Neighborhood Building

September 27, 2017

LVT Number: #27935

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord presented no documentary proof that tenant lived at another address. Landlord claimed that tenant primarily resided down the block at 180 Pinehurst Avenue. Landlord's building super testified that he frequently saw tenant go into that building. But tenant had a friend who lived in that building. Tenant also used the apartment in question as a child day-care center, but this didn't prove that she didn't live there.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord presented no documentary proof that tenant lived at another address. Landlord claimed that tenant primarily resided down the block at 180 Pinehurst Avenue. Landlord's building super testified that he frequently saw tenant go into that building. But tenant had a friend who lived in that building. Tenant also used the apartment in question as a child day-care center, but this didn't prove that she didn't live there.

165 Pinehurst Avenue LLC v. Nunez: Index No. 75725/2013, NYLJ No. 1202794404892 (Civ. Ct. NY; 7/12/17; Hahn, J)

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