Tenant Only Used Apartment Occasionally

September 30, 2004

LVT Number: 17614

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved that tenant only used the apartment occasionally and only as a matter of convenience. There was minimal electric use at the apartment. And tenant had signed several leases for other apartments in Manhattan and Queens. One of tenant's other leases was for a NYCHA apartment that tenant got as a remaining family member in 1999.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord proved that tenant only used the apartment occasionally and only as a matter of convenience. There was minimal electric use at the apartment. And tenant had signed several leases for other apartments in Manhattan and Queens. One of tenant's other leases was for a NYCHA apartment that tenant got as a remaining family member in 1999.

Goldman v. Lensky: NYLJ, 9/8/04, p. 26, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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