Tenant Had No Credible Explanation for Extensive Absence from Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court found no grounds to disturb the court's findings, which were based largely on an assessment of tenant's credibility. Tenant co-owned a house in Connecticut where her husband lived, spent extensive periods of time overseas, and had minimal electricity usage in her apartment. Tenant's claim that her absence from the apartment was due to business travel was inconsistent with her claim that she was retired and wasn't supported by her tax returns, which showed zero dollars in wages and salaries for the relevant period. There also was no documentary proof supporting tenant's claim of health issues or that she needed to be absent from the apartment for medical treatment.

SJS Thompson, LLC v. Singer: 77 Misc.3d 136(A), 2023 NY Slip Op 50047(U)(App. T. 1 Dept.; 1/20/23; Hagler, PJ, Brigantti, Michael, JJ)