Tenant Owns Condominium in Florida

May 31, 1998

LVT Number: 12416

Landlord sued tenant, seeking declaration that tenant's apartment wasn't her primary residence. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant proved to the trial court that she voted in New York, paid New York income taxes, had a New York driver's license, received ongoing care from medical professionals in New York, kept clothing in the apartment, and withdrew her application for a Florida homestead exemption because she didn't consider it her primary residence.

Landlord sued tenant, seeking declaration that tenant's apartment wasn't her primary residence. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant proved to the trial court that she voted in New York, paid New York income taxes, had a New York driver's license, received ongoing care from medical professionals in New York, kept clothing in the apartment, and withdrew her application for a Florida homestead exemption because she didn't consider it her primary residence. These facts supported the lower court's finding that the New York apartment was tenant's primary residence. Tenant could get a rent-stabilized renewal lease.

Four Winds Assocs. v. Rachlin: 669 NYS2d 650 (1998) (App. Div. 2 Dept.; O'Brien, JP, Sullivan, Friedmann, Goldstein, JJ)

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