Tenant Is Primary Resident Despite Limited Use of North Carolina Property

February 1, 2001

LVT Number: 14725

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. There was sufficient proof to uphold the lower court's ruling. Tenant filed New York income taxes, maintained her only bank account in New York, and worked in New York. Tenant and her husband generally lived apart and had established two separate residences. Tenant's limited use of the North Carolina property, co-owned by tenant and her husband, didn't prove nonprimary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. There was sufficient proof to uphold the lower court's ruling. Tenant filed New York income taxes, maintained her only bank account in New York, and worked in New York. Tenant and her husband generally lived apart and had established two separate residences. Tenant's limited use of the North Carolina property, co-owned by tenant and her husband, didn't prove nonprimary residence.

Perlbinder v. Sweet: NYLJ, 1/16/01, p. 25, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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