Rent-Stabilized Tenant Didn't Primarily Reside in Apartment

November 17, 2018

LVT Number: #29733

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed, and the court ordered a new trial. But landlord then appealed to the higher court, which reinstated the original court decision. The trial court's finding of nonprimary residence was based on a fair interpretation of the evidence. This included tenant's testimony that she spent only 139 days in the apartment in 2012, 161 days in the apartment in 2013, and used a Pennsylvania address on her tax returns and voter registration records.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed, and the court ordered a new trial. But landlord then appealed to the higher court, which reinstated the original court decision. The trial court's finding of nonprimary residence was based on a fair interpretation of the evidence. This included tenant's testimony that she spent only 139 days in the apartment in 2012, 161 days in the apartment in 2013, and used a Pennsylvania address on her tax returns and voter registration records. Although other records listed the apartment as tenant's address, the court properly found that tenant didn't maintain a substantial physical nexus with the apartment during the relevant period.

92 Cooper Assoc., LLC v. Roughton-Hester: 2018 NY Slip Op 06489 (App. Div. 1 Dept.; 10/2/18; Renwick, JP, Gische, Kahn, Kern, Moulton, JJ)

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