Tenant Has Vacation Home in New Jersey

June 30, 2000

LVT Number: 14222

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant's job was within walking distance of the apartment, and her telephone, utility, and banking records indicated that she was at the apartment on a regular basis. Tenant showed that her New Jersey condominium was a vacation home. Although tenant stated on her mortgage application that the condo was her primary residence and that she didn't pay New York City income taxes, these facts alone didn't mean that the apartment wasn't her primary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. Tenant's job was within walking distance of the apartment, and her telephone, utility, and banking records indicated that she was at the apartment on a regular basis. Tenant showed that her New Jersey condominium was a vacation home. Although tenant stated on her mortgage application that the condo was her primary residence and that she didn't pay New York City income taxes, these facts alone didn't mean that the apartment wasn't her primary residence.

Village Development Assocs. LLC v. Walker: NYLJ, 6/22/00, p. 28, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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