Tenant Primarily Resided in New Jersey

September 30, 2007

LVT Number: #19885

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant moved into the apartment in 1987. In 1998, tenant married a man who owned a co-op apartment in Union City, N.J. Tenant's husband spent much of his time in Egypt. Tenant claimed that she spent only weekends at the New Jersey apartment. She worked as a waitress in midtown Manhattan five days a week from 6 a.m. until 3 p.m. But tenant's 2001, 2002, and 2003 income tax returns and W-2 forms listed the New Jersey co-op as her residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant moved into the apartment in 1987. In 1998, tenant married a man who owned a co-op apartment in Union City, N.J. Tenant's husband spent much of his time in Egypt. Tenant claimed that she spent only weekends at the New Jersey apartment. She worked as a waitress in midtown Manhattan five days a week from 6 a.m. until 3 p.m. But tenant's 2001, 2002, and 2003 income tax returns and W-2 forms listed the New Jersey co-op as her residence. Her credit card and bank statements went to New Jersey, and telephone records showed outgoing calls from New Jersey on an almost daily basis.

ST Owner LP v. Nee-Chan: NYLJ, 9/6/07, p. 27, col. 1 (Civ. Ct. NY; Cohen, J)

Topics

More like this