Landlord Fails to Prove Nonprimary Residence by Mitchell-Lama Tenant

Landlord of a Mitchell-Lama cooperative corporation sued to evict the proprietary lessee/shareholder tenant for nonprimary residence after sending a notice to cure. The tenant owned a house in Brooklyn with her husband. Landlord claimed that tenant lived in the Brooklyn house with her husband and sublet the apartment. But, except for showing that the husband no longer lived in the apartment, landlord didn't prove its claims against tenant. At trial, a building security officer claimed only that he hadn't seen tenant in 12 months prior to September 2023. The building complex consisted of five buildings with a total of over 2,500 apartments over 27 acres. The security officer also undertook an investigation concerning the presence of tenant's car and her own location but didn't start that until 2023, after the relevant period to its claim against tenant. And while landlord had placed a surveillance camera outside tenant's apartment, landlord's technician admitted reviewing footage that covered only two to three weeks out of each month. The compiled video footage was held inadmissible by the court. Among other things, footage was never reviewed during the cure period set forth in landlord's notice to tenant. The footage, intended to show tenant's absence from the apartment, was otherwise incomplete. 

Amalgamated Warbasses Houses Inc. v. Elperina: Index No. 310259/2022, 2023 NY Slip Op 50955(U), 83 Misc.3d 1251(A)(Civ. Ct. Kings; 7/24/24; Weisberg, J)