Tenant Proves Primary Residence

May 31, 2009

LVT Number: #21229

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court and appeals court ruled against landlord. Tenant and other witnesses testified that she had lived continuously at the apartment and had been seen there on a normal daily basis since 2000. Landlord relied on tenant's driver's license and auto registration, which listed the address where tenant previously lived with her husband before separating from him. Under the circumstances, these records didn't prove that tenant primarily resided elsewhere.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court and appeals court ruled against landlord. Tenant and other witnesses testified that she had lived continuously at the apartment and had been seen there on a normal daily basis since 2000. Landlord relied on tenant's driver's license and auto registration, which listed the address where tenant previously lived with her husband before separating from him. Under the circumstances, these records didn't prove that tenant primarily resided elsewhere.

Second Lenox Terrace Assocs. v. Hill: NYLJ, 5/4/09, p. 32, col. 5 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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