Tenant Owned House in New Jersey

Landlord asked HPD for a certificate of eviction. Landlord claimed that Mitchell-Lama tenant didn't primarily reside in his apartment. Tenant claimed that he did primarily reside in the apartment or, alternatively, that apartment occupant had pass-on rights. HPD ruled for landlord, and tenant challenged that ruling in court. The court ruled against tenant. Tenant appealed and lost. During the relevant period, tenant owned a house in New Jersey. His wife and children lived there, he received mail there, the Social Security Administration listed his address there, he had a New Jersey driver's license and phone number, and the apartment phone was listed in someone else's name. Tenant presented no other witnesses at HPD's hearing to support his testimony. And while tenant claimed that apartment occupant had moved into the apartment before tenant bought the house in New Jersey, there was no proof other than a plane ticket to support that claim. In addition, occupant was never listed on income verification affidavits submitted by tenant to landlord.

Tang v. HPD: NYLJ, 5/30/06, p. 30, col. 5 (App. Div. 1 Dept.; Sullivan, JP, Williams, Gonzalez, Catterson, McGuire, JJ)