Tenant Owns House in Queens

September 30, 1998

LVT Number: 12666

Landlord sued to evict tenant for nonprimary residence. Tenant owned a two-family house in Queens. Tenant claimed that the Queens house was an investment property. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant has Con Edison and telephone accounts in his own name at the Queens house and also registered his car at the Queens address. The apartment in the two-family house occupied by tenant is also bigger than the small one-bedroom apartment in Manhattan that tenant claimed was his primary residence.

Landlord sued to evict tenant for nonprimary residence. Tenant owned a two-family house in Queens. Tenant claimed that the Queens house was an investment property. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant has Con Edison and telephone accounts in his own name at the Queens house and also registered his car at the Queens address. The apartment in the two-family house occupied by tenant is also bigger than the small one-bedroom apartment in Manhattan that tenant claimed was his primary residence. Tenant didn't produce his income tax returns for most of the years in question. Also, the testimony in court of his daughter, who lived in the other apartment in the Queens house, contained too many inconsistencies.

Golden Blossom Realty v. Chen: NYLJ, p. 25, col. 2 (9/18/98) (App. T. 1 Dept.; McCooe, PJ, Davis, Gonzalez, JJ)

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