New Trial Needed on Whether Tenant's Pennsylvania Home Was Primary Residence

January 25, 2018

LVT Number: #28171

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, finding that tenant split her time almost evenly between the apartment and a Pennsylvania home. Tenant appealed, and the case was reopened for a new trial. The trial court improperly found that tenant's Pennsylvania voter registration and tax filings were deciding factors. But no single factor should be the deciding factor in a primary residence case. The court should consider all relevant factors and witness credibility.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, finding that tenant split her time almost evenly between the apartment and a Pennsylvania home. Tenant appealed, and the case was reopened for a new trial. The trial court improperly found that tenant's Pennsylvania voter registration and tax filings were deciding factors. But no single factor should be the deciding factor in a primary residence case. The court should consider all relevant factors and witness credibility. It would be in the interest of justice to conduct a new trial.

92 Cooper Assn v. Roughton-Hester: Index No. 570427/17, NYLJ No. 1512360505 (App. T. 1 Dept.; 11/30/17; Lowe, PJ, Schoenfeld, Shulman, JJ)

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