Landlord Proved Tenant Lives in Florida

January 1, 2004

LVT Number: 17053

Landlord sued to evict tenant for nonprimary residence. Landlord claimed that tenant lived in Florida with her mother and adult daughter. The court ruled for landlord after a trial, and tenant appealed. The appeals court ruled against tenant. Landlord presented sufficient proof of nonprimary residence. Tenant worked in Florida in 1995 and 1998 and didn't file New York City income tax returns for those years. All tenant's banking transactions in 1999 and 2000 took place in Florida. She had a Florida driver's license, and her car was registered there.

Landlord sued to evict tenant for nonprimary residence. Landlord claimed that tenant lived in Florida with her mother and adult daughter. The court ruled for landlord after a trial, and tenant appealed. The appeals court ruled against tenant. Landlord presented sufficient proof of nonprimary residence. Tenant worked in Florida in 1995 and 1998 and didn't file New York City income tax returns for those years. All tenant's banking transactions in 1999 and 2000 took place in Florida. She had a Florida driver's license, and her car was registered there. She also had a series of roommates in the apartment and overcharged at least one of them. When tenant did visit the building, she stayed at her uncle's next door apartment.

406 W. 47th St. HDFC v. Picot: NYLJ, 12/2/03, p. 22, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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