Tenant Primarily Resided in Washington, D.C.

Landlord sued to evict rent-regulated tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Building employees credibly testified that tenant didn't use his apartment as his primary residence during the period in question. Tenant's bank statements showed "consistent activity" in Washington, D.C., for most of the Golub period. Tenant also had a D.C. driver's license, and kept his pet cat at the D.C. residence. Tenant's attempts to show that his absence from the NYC apartment was excuseable only raised credibility and fact questions for the court. Since the trial court was in the best position to assess the evidence and witness credibility, the appeals court found no reason that the lower court's decision couldn't be reached under fair interpretation of the evidence.

Hous. Dev. Assocs. LLC v. Fitzgerald: Index No. 570144/21, 2021 NY Slip Op 51081(U), NYLJ No. 1638284590 (App. T. 1 Dept.; 11/16/21; Edmead, PJ, Hagler, Silvera, JJ)