Not Enough Evidence of Nonprimary Residence

May 31, 1998

LVT Number: 12368

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and won. In these cases, courts consider a number of factors, including the address used on tenant's driver's license, voter registration, income tax returns, and government benefits, as well as the amount of time tenant spends in the apartment and a lease or utility account for another residence. In this case, landlord didn't show that tenant had any other residence.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and won. In these cases, courts consider a number of factors, including the address used on tenant's driver's license, voter registration, income tax returns, and government benefits, as well as the amount of time tenant spends in the apartment and a lease or utility account for another residence. In this case, landlord didn't show that tenant had any other residence.

Rhinestone Ventures Assocs. v. Kelly: NYLJ, p. 33, col. 2 (5/15/98) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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