Landlord Proves Nonprimary Residence

September 30, 2011

LVT Number: #23638

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented video surveillance tapes showing that tenant used the apartment only sporadically. The building super also testified that he rarely saw tenant. A private investigator also testified that tenant worked at a real estate brokerage firm in Southampton, Long Island. And tenant admitted that she sometimes stayed in a Long Island townhouse she owned as an "investment" property on Long Island.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented video surveillance tapes showing that tenant used the apartment only sporadically. The building super also testified that he rarely saw tenant. A private investigator also testified that tenant worked at a real estate brokerage firm in Southampton, Long Island. And tenant admitted that she sometimes stayed in a Long Island townhouse she owned as an "investment" property on Long Island. Tenant didn't have an ongoing, substantial physical connection with the apartment for actual living purposes.

Bedford Equities LLC v. Newton: NYLJ, 9/28/11, p. 18, col. 1 (App. T. 1 Dept.; Torres, JP, Shulman, Hunter Jr., JJ)

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