Tenant Primarily Resides in Freeport, Long Island

(Decision submitted by Scot Mackoff of the New York law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord also claimed that tenant illegally sublet the apartment. Tenant admitted that he owned a house in Freeport, Long Island, but claimed that he was divorced and living with his brother in the apartment. Tenant claimed that he bought the house as an investment and retirement home but was unable to afford living there. But tenant filed federal and state tax returns from the Freeport address as his residence from 2002 through 2008. Tenant's driver's license and auto registration both were switched to Freeport, and his Social Security and union documents were sent there. Tenant had also submitted a sworn statement to the federal immigration agency that he lived at the Freeport address.

The court ruled for landlord after a trial. Landlord showed that there was overwhelming documentary proof tying tenant to the Freeport house. There was no proof or testimony connecting tenant to the apartment for ongoing living purposes. There also was proof that tenant's brother lived with him in the apartment.

The Caledonian, LLC v. Cacoque: L&T Index No. 68058/07 (6/16/09) (Civ. Ct. Queens; Badillo, J) [3-pg. doc.]