Tenant Owns House in Florida

July 31, 2003

LVT Number: 16739

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Tenant bought a house in Florida in 1990 and got a homestead exemption there in 1998. Tenant's parents and brother lived near tenant in Florida. Tenant listed the Florida address on various important documents, including her driver's license, motor vehicle registration, and voter registration. Tenant also rented one of the two bedrooms in her New York apartment to a series of ''roommates'' and charged them more than the legal regulated rent in 1999.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Tenant bought a house in Florida in 1990 and got a homestead exemption there in 1998. Tenant's parents and brother lived near tenant in Florida. Tenant listed the Florida address on various important documents, including her driver's license, motor vehicle registration, and voter registration. Tenant also rented one of the two bedrooms in her New York apartment to a series of ''roommates'' and charged them more than the legal regulated rent in 1999. While tenant claimed that she stayed in Florida on many occasions to care for her sick parents, her absences from the apartment predated her parents' illnesses.

335-7 LLC v. Tirell: NYLJ, 7/2/03, p. 21, col. 2 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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