Landlord Proved Rent-Controlled Tenant Primarily Resided in Wisconsin

June 19, 2017

LVT Number: #27719

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that tenant wasn't present in the apartment at all from March 2010 through July 2013 when landlord started the eviction case. In fact, tenant didn't return to the apartment until pretrial questioning was held in June 2015. After that, she didn't return to the apartment until the trial started in February 2016. During her extended absence, tenant lived in Wisconsin, where she owned property.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that tenant wasn't present in the apartment at all from March 2010 through July 2013 when landlord started the eviction case. In fact, tenant didn't return to the apartment until pretrial questioning was held in June 2015. After that, she didn't return to the apartment until the trial started in February 2016. During her extended absence, tenant lived in Wisconsin, where she owned property. Tenant's driver's license, federal tax returns, and court filings also listed the Wisconsin property as her address.

317 Magnone LLC v. Gumina: 55 Misc.3d 1432(A), 2017 NY Slip Op 50612(U)(App. T. 1 Dept.; 5/8/17; Schoenfeld, JP, Shulman, Gonzalez, JJ)

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