Tenant Helps Care for Ill Mother

April 30, 2003

LVT Number: 16527

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord without a trial. Landlord appealed and lost. Through pretrial questioning and document production, tenant showed that he primarily resided in the apartment. He detailed his residential use of the apartment and presented tax returns, driver's license, telephone and utility bills, voter registration, insurance and banking statements. Landlord presented no proof that tenant lived elsewhere.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord without a trial. Landlord appealed and lost. Through pretrial questioning and document production, tenant showed that he primarily resided in the apartment. He detailed his residential use of the apartment and presented tax returns, driver's license, telephone and utility bills, voter registration, insurance and banking statements. Landlord presented no proof that tenant lived elsewhere. The fact that tenant set up a temporary bed in his mother's nearby apartment to care for her while she was ill didn't prove nonprimary residence.

Ram 1, LLC v. Samuels: NYLJ, 4/25/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

Topics

More like this