Tenant Doesn't Prove Rent-Stabilized Apartment Was Primary Residence

September 22, 2015

LVT Number: #26485

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant claimed that the court improperly denied his request for a ruling in his favor because it was undisputed that he resided in the apartment for at least 183 days during the year before landlord brought the case. But landlord had objected to this claim. Tenant asked the court to dismiss the case after pretrial questioning. Landlord, in turn, asked the court for permission to conduct additional discovery.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant claimed that the court improperly denied his request for a ruling in his favor because it was undisputed that he resided in the apartment for at least 183 days during the year before landlord brought the case. But landlord had objected to this claim. Tenant asked the court to dismiss the case after pretrial questioning. Landlord, in turn, asked the court for permission to conduct additional discovery. The court ruled against tenant, finding there were questions of fact requiring a trial.

Tenant appealed and lost. Tenant claimed that there was no question that he had lived in the apartment for more than 183 days per year. And a court can consider various factors to determine whether a tenant has an ongoing, substantial, physical connection with an apartment for actual living purposes. The trial court found that the testimony of landlord’s witnesses was more credible than tenant’s, and landlord provided more documentary proof in support of its claim. 

 

 

 
Hyatt Ave. Assoc., LLC v. Rahman: Index No. 2014-428, NYLJ No. 1202734993636 (App. T. 2 Dept.; 7/27/15; Pesce, PJ, Weston, Solomon, JJ)

Topics

More like this