Tenant Owns Co-op in Florida

December 1, 1998

LVT Number: 12820

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant admitted that she owned a cooperative apartment in Florida and stayed there during the winter months. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant listed the New York address on her drivers license and a a bank account. She also voted and paid taxes from the New York apartment, was active in local community organizations, and received ongoing care from New York medical professionals.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant admitted that she owned a cooperative apartment in Florida and stayed there during the winter months. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant listed the New York address on her drivers license and a a bank account. She also voted and paid taxes from the New York apartment, was active in local community organizations, and received ongoing care from New York medical professionals. Tenant showed that she had an ongoing physical connection to the New York apartment.

Center for Modem Psychoanalytic Studies v. Doe: NYLJ, p. 21, col. 1 (11/6/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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