Tenant Has Apartment in Prague

September 30, 1993

LVT Number: 8227

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant admitted that she'd spent most of her time between January 1986 and August 1992 abroad. Tenant's claim that she'd spent most of this time taking care of a sick aunt wasn't convincing. Also, tenant hadn't paid New York City or State resident income taxes since 1981. For at least the past two years, all her income was earned from sources outside New York. At the same time, tenant paid taxes in the Czech Republic and rented an apartment in Prague, where she grew up.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant admitted that she'd spent most of her time between January 1986 and August 1992 abroad. Tenant's claim that she'd spent most of this time taking care of a sick aunt wasn't convincing. Also, tenant hadn't paid New York City or State resident income taxes since 1981. For at least the past two years, all her income was earned from sources outside New York. At the same time, tenant paid taxes in the Czech Republic and rented an apartment in Prague, where she grew up. Tenant wasn't registered to vote in New York, and had no credit cards at her New York address. And tenant's rent checks for her New York apartment were numbered sequentially, suggesting that she didn't use her bank account here for anything else.

Regent v. Field: NYLJ, p. 22, col. 5 (9/1/93) (Civ. Ct. NY; Wendt, J)

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