Rent-Controlled Tenant Can't Cure Nonprimary Residence

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord presented overwhelming documentary proof, including bank and credit card statements, tax returns, cable TV bills, auto registration records, E-ZPass records, and telephone records, showing that tenant and two of her children primarily resided in the Bronx with the father of her youngest child. Tenant also lived for at least six months in upstate New York. She claimed that she then returned to the apartment, but nonprimary residence can’t be cured. Landlord also produced surveillance video showing that tenant didn’t spend a single night in the apartment between June and October 2009.

Wah Kok Realt Corp. v. DeJesus: NYLJ, 3/29/10, p. 18, col. 3 (Civ. Ct. NY; Capella, J)