Tenant Merely Visited House She Inherited

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant now primarily resided in a one-family house in Glen Oaks. At trial, landlord presented tenant's utility records, which showed low usage. A private investigator also testified that video surveillance of the apartment and the house showed that tenant was at the house most of the time between April 2004 and March 2005, as well as from April 2005 through July 2005. The court ruled against landlord. Landlord appealed and lost. Tenant testified at trial that she had lived in the apartment for 41 years and had inherited the house when her sister died in June 2003. Tenant testified that her intention was to maintain the apartment as her primary residence. She showed that she continued to list the apartment on her driver's license, auto registration, insurance accounts, Social Security records, voting records, and her federal and local tax returns. Tenant also received mail at the apartment. The documents tenant presented were the types of documents considered under Rent Stabilization Code Section 2520.6(u) in determining primary residence. The trial court also believed tenant's explanation for her low utility usage and her visits to the Glen Oaks house.

Capital Equities Associates, LP v. Belley: Index No. 2007-1383QC, 2008 WL 4712379 (10/27/08) (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)