Tenant Had Rent-Stabilized Apartment in Queens

September 30, 1993

LVT Number: 8229

Landlord sued to evict tenant for nonprimary residence of a Manhattan apartment. The court ruled for landlord, and tenant appealed. The court found that from 1980-1992, tenant had a rent-stabilized apartment in Queens. Tenant had renewed the lease on the Queens apartment a number of times, and signed statements saying that the Queens apartment was his primary residence. Tenant didn't file tax returns or get bank account or credit card statements at his Manhattan address. His car and driver's license were registered in Queens.

Landlord sued to evict tenant for nonprimary residence of a Manhattan apartment. The court ruled for landlord, and tenant appealed. The court found that from 1980-1992, tenant had a rent-stabilized apartment in Queens. Tenant had renewed the lease on the Queens apartment a number of times, and signed statements saying that the Queens apartment was his primary residence. Tenant didn't file tax returns or get bank account or credit card statements at his Manhattan address. His car and driver's license were registered in Queens. His utility bills showed he had minimal telephone and electrical usage at the Manhattan apartment while having regular usage at the Queens apartment. The court ruled against tenant.

520 East 81st Street Associates v. Roberts: NYLJ, p. 22, col. 4 (9/20/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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