Landlord Showed No Electricity Used for Eight Months Each Year

February 1, 1995

LVT Number: 9441

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Utility records from Con Edison showed no usage for eight months each year for the past five years. Also, tenant admitted that he'd turned off service for gas and telephone during those same periods. Other evidence, including tenant's driver's license and bank accounts, supported landlord's claim that tenant maintained his primary residence elsewhere.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Utility records from Con Edison showed no usage for eight months each year for the past five years. Also, tenant admitted that he'd turned off service for gas and telephone during those same periods. Other evidence, including tenant's driver's license and bank accounts, supported landlord's claim that tenant maintained his primary residence elsewhere.

Bernstein v. Stein: NYLJ, p. 31, col. 3 (1/25/95) (Civ. Ct. Kings; Goldstein, J)

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