Landlord Proves Rent-Controlled Tenant Primarily Resided in South Carolina

Landlord sued to evict rent-controlled tenant for nonprimary residence and claimed that tenant primarily resided in South Carolina. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented proof that, over a three and a half-year period, tenant wasn’t using the apartment as her primary residence. Tenant had purchased property in South Carolina, her bank statements showed that she had been living in Charleston most of the time, her initial 2008 New York State tax return didn’t list New York as her place of residence, her car insurance and registration were in South Carolina, her 2007 and 2008 tax returns were prepared in South Carolina, and she sent rent to landlord in envelopes postmarked from South Carolina for a number of months. The trial court properly found that tenant wasn’t using the Brooklyn apartment in an ongoing and substantial manner consistent with physically living at the apartment.

Johnson v. Smith: 2016 N.Y. Slip Op. 51562(U), 2016 WL 6304991 (App. T. 2 Dept.; 10/21/16; Weston, JP, Aliotta, Elliot, JJ)