Mitchell-Lama Tenant Lived in Colorado Condo

Landlord sought certificate of eviction from HPD. Landlord claimed that Mitchell-Lama tenant didn’t live in her apartment as her primary residence. HPD ruled for landlord. Tenant appealed, claiming that HPD’s decision was arbitrary and unreasonable. The court ruled against tenant. Tenant listed a Colorado address on her voter registration card in 2004, and spent less than 183 days in the New York apartment during the year before landlord began an eviction proceeding in 2005. Tenant admitted that she hadn’t spent a night in the apartment since January 2002, and that in 2004 she bought a condominium in Colorado. Tenant also failed to provide a certified New York City Resident Income Tax return for 2004, and failed to show that she wasn’t legally obligated to file a city return. Tenant’s claim that she had a medical excuse for her absence wasn’t convincing.

Santiago v. East Midtown Plaza Housing Co.: NYLJ, 2/9/09, p. 27, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Moskowitz, Renwick, Freedman, JJ)