Tenant Proved She Lived Separate from Husband

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that he didn't see tenant at the building very often. At trial, landlord also showed that tenant owned a house on Staten Island and had gotten a New York State School Tax Relief (''STAR'') exemption for the house. According to DOF testimony, the STAR program became effective in 1998 and permits an owner-occupied property to receive a homestead tax exemption. Once submitted, the STAR application doesn't have to be renewed. Tenant testified that she moved into the apartment in 1978. It was a small, three-room apartment. Landlord submitted photographs of the apartment, taken during apartment repairs, that indicated tenant was presently living there. The photographs contained clothes on a drying rack, toothbrushes, a coffee cup, and Chinese food condiments. Tenant claimed that she bought the house in 1991 for her husband but that she maintained a separate life in Manhattan. A close friend of tenant's testified that she spent a lot of time with tenant in Manhattan and that sometimes she stayed overnight with tenant. Tenant showed that she had worked for a law firm in Manhattan until 2002. She also paid taxes from the apartment, maintained utility accounts for the apartment, and received jury duty notices there. The court ruled for tenant and dismissed the case. Although it was troubling that tenant received a tax exemption for the Staten Island house, tenant, her friend, and tenant's husband credibly testified that tenant maintained a separate life from husband and primarily resided in the apartment.

Harounian v. Tofte: NYLJ, 3/15/06, p. 18, col. 1 (Civ. Ct. NY; Milin, J)