Tenant Owns Cooperative Apartment

March 1, 2005

LVT Number: 17929

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord submitted substantial proof that the apartment wasn't tenant's primary residence. Tenant obtained the publicly subsidized apartment without revealing that she owned a co-op apartment. She also filed false information on three annual income affidavits, and used the co-op apartment as her address for filing tax returns, voter registration, pension plan benefits, and on her driver's license.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord submitted substantial proof that the apartment wasn't tenant's primary residence. Tenant obtained the publicly subsidized apartment without revealing that she owned a co-op apartment. She also filed false information on three annual income affidavits, and used the co-op apartment as her address for filing tax returns, voter registration, pension plan benefits, and on her driver's license. She also admitted that her son lived in the subsidized apartment, although she didn't list him as an occupant on the annual income affidavits. The telephone in the apartment was listed in the son's name.

Skyview Towers Holding, LLC v. Lucas: NYLJ, 2/28/05, p. 44, col. 5 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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