Tenant Lived in Florida Year-Round

July 31, 2004

LVT Number: 17495

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that he lived in Florida only during the winter months. He also claimed that he spent time in Florida to care for his ailing mother. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant spent most of the year at the Florida apartment. He paid his federal income taxes from Florida for three years and had two roommates or subtenants in the New York apartment during this time. And tenant's Florida apartment was 25 miles away from his mother's home in Florida.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that he lived in Florida only during the winter months. He also claimed that he spent time in Florida to care for his ailing mother. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant spent most of the year at the Florida apartment. He paid his federal income taxes from Florida for three years and had two roommates or subtenants in the New York apartment during this time. And tenant's Florida apartment was 25 miles away from his mother's home in Florida. Tenant didn't stay with his mother in her two-bedroom home and didn't testify about the care he provided to her.

85th Columbus Corp. v. Furmansky: NYLJ, 7/21/04, p. 18, col. 1 (Civ. Ct. NY; Bedford, J)

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