Tenant Lived in Different Loft Unit

February 1, 2002

LVT Number: 15585

Landlord sued to evict loft tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved at the trial that tenant illegally sublet the loft and at the same time lived downstairs in a different loft unit. Tenant's tax returns didn't identify either loft unit as his residence, and tenant's driver's license didn't state which unit in the building was his address.

Landlord sued to evict loft tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved at the trial that tenant illegally sublet the loft and at the same time lived downstairs in a different loft unit. Tenant's tax returns didn't identify either loft unit as his residence, and tenant's driver's license didn't state which unit in the building was his address.

Florencia Properties NY, Inc. v. Wertheim: NYLJ, 1/23/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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