Landlord Proved Tenant Lives in Pennsylvania

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict tenants, husband and wife, for nonprimary residence. Landlord claimed that tenants primarily resided in Pennsylvania. The court ruled for landlord. Tenants bought a house in Pennsylvania in 1993 shortly after husband retired. Wife opened a post office box there. Tenants obtained homeowner's insurance, a credit agreement, and mortgage refinancing, all with statements that the house would be their primary residence, and registered and garaged a car there. In 1998, tenants surrendered their New York State driver's licenses and got Pennsylvania ones. Tenants maintained a checking account in Pennsylvania with deposits there of many checks addressed from Brooklyn. Tenants also used doctors and dentists in Pennsylvania. Utility records showed minimal gas, electric, and telephone use at the apartment. Tenants claimed that only the wife spent substantial time in Pennsylvania and that she did so only to care for her terminally ill sister. But tenants showed only that the sister had surgery in 1995 and died in 2000 of cancer. They presented no medical records or testimony concerning tenant's need to be there for the sister's care. The Pennsylvania house was only 65 miles away from the apartment. The wife didn't keep a bank account in New York, didn't vote there, and didn't show that she kept any belongings in the apartment. There was no proof that either tenant spent more than 183 days per year in the apartment. They produced no bank records or credit cards with the apartment address, and no witnesses testified on their behalf.

Foxboro Real Estate, Inc. v. Chernewski: L&T Index No. 62062/01 (Civ. Ct. Kings 12/22/03; Alterman, J) [6-pg. doc.]