Tenant Had Lease for Another Apartment

Landlord sued to evict rent-controlled tenant for nonprimary residence. After presenting certain documents as proof that tenant lived in another apartment, landlord asked the court to rule in its favor without a trial. The court ruled against landlord, finding that there were still factual questions. Landlord appealed and won. Between 1987 and 1998, tenant was named as the only tenant on a rent-stabilized lease for another apartment in the neighborhood and received SCRIE benefits for that apartment. Tenant also listed the apartment's address on a 1984 DHCR service complaint and listed that apartment as her address on her brother's 1986 death certificate. She had lived in the other apartment, originally with her brother, since 1978. Tenant also had a checking account listing the other apartment as her address and had telephone service in her name there. On the other hand, tenant showed no proof that she primarily resided in the rent-controlled apartment.

Sullivan Properties, L.P. v. Sanabria: NYLJ, p. 26, col. 2 (9/9/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)