Not Enough Evidence to Prove Nonprimary Residence

September 30, 1999

LVT Number: 13558

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. There wasn't enough evidence presented at the trial to prove nonprimary residence. Tenant was 75 years old. Although she signed a lease for a nearby studio apartment, she testified that the apartment was for her daughter who had the same name and who couldn't sign the lease when it was ready because of an injury. Gas and electric usage were low at the apartment, but tenant had been in the hospital for much of the time in question.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. There wasn't enough evidence presented at the trial to prove nonprimary residence. Tenant was 75 years old. Although she signed a lease for a nearby studio apartment, she testified that the apartment was for her daughter who had the same name and who couldn't sign the lease when it was ready because of an injury. Gas and electric usage were low at the apartment, but tenant had been in the hospital for much of the time in question. Tenant filed tax returns and received all mail, including bank and medical records, at the rent-controlled apartment.

Great North Realty v. Ward: NYLJ, p. 28, col. 6 (9/30/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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