Landlord Proves Nonprimary Residence

December 1, 2010

LVT Number: #23072

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented documents showing that tenant didn't have an ongoing, substantial, physical connection with the apartment for actual living purposes. And the trial court didn't believe tenant's testimony. The appeals court found no reason to overturn the court's decision.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented documents showing that tenant didn't have an ongoing, substantial, physical connection with the apartment for actual living purposes. And the trial court didn't believe tenant's testimony. The appeals court found no reason to overturn the court's decision.

79 East Owner, LLC v. Del Rio: NYLJ, 11/23/10, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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