Tenant Lived in Other Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord showed that tenant listed another address on his driver’s license, car registration, and mortgage documents. Tenant also hadn’t occupied the apartment for actual living purposes for a year before landlord started the eviction proceeding. Tenant’s testimony about where he was living since 2013 wasn’t credible. Tenant had substantial means and owned three homes in Queens. Tenant claimed that landlord hadn’t made repairs to the apartment and therefore he couldn’t live there but presented no proof that he had notified landlord or requested repairs. Tenant himself was a landlord and complained for the first time about apartment conditions only after landlord started the eviction proceeding. The electric use at the apartment was low since at least 2010, and tenant listed a Queens address on his driver’s license since 2004. Tenant also acknowledged that he still wasn’t living in the apartment.

Fros Property LLC v. Lam: 50 Misc.3d 1219(A), 2016 NY Slip Op 50179(U) (Civ. Ct. NY; 2/19/16; Kraus, J)