Tenant Did Volunteer Work in Boston

June 30, 2001

LVT Number: 15088

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. The trial court fairly interpreted the evidence. Tenant testified that she did volunteer hospice work in Boston. She only stayed in a room there. Her furniture and clothing remained in New York. She returned to the apartment on a regular basis, received medical care here, paid utilities, and filed resident income tax returns. And tenant's Easthampton address was just a vacation residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. The trial court fairly interpreted the evidence. Tenant testified that she did volunteer hospice work in Boston. She only stayed in a room there. Her furniture and clothing remained in New York. She returned to the apartment on a regular basis, received medical care here, paid utilities, and filed resident income tax returns. And tenant's Easthampton address was just a vacation residence.

500 West End LLC v. Paleologos: NYLJ, 6/29/01, p. 19, col. 4 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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