Rent-Controlled Tenant Is Primary Resident Despite Absences from Apartment

January 1, 2001

LVT Number: 14652

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. At the trial, tenant showed that she worked in New York City until her recent retirement. She listed the apartment as her address on her driver's license and utility accounts, paid New York City taxes, and served jury duty in New York City. Tenant traveled to Guatemala on a tourist visa to do volunteer work. But there was no proof that she intended to make it her home.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. At the trial, tenant showed that she worked in New York City until her recent retirement. She listed the apartment as her address on her driver's license and utility accounts, paid New York City taxes, and served jury duty in New York City. Tenant traveled to Guatemala on a tourist visa to do volunteer work. But there was no proof that she intended to make it her home. Tenant owned an uninsulated two-room house upstate that could be used only during the summer. It was also undisputed that tenant never lived in other investment property that she owned in Wisconsin and on Long Island.

Carmine Ltd. v. Duggan: NYLJ, 12/27/00, p. 22, col. 2 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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