Tenant Rented Second Apartment for His Adult Children

March 19, 2015

LVT Number: #26039

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant lived in the one-bedroom apartment with his mother and nephew. But tenant also rented another apartment in his name and paid the utilities there. Tenant credibly testified that he rented the second apartment for his two adult children, who moved to New York from Haiti to attend school but had no jobs. He had to put the apartment in his name to rent it for his children. He also visited his children daily before and after work.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant lived in the one-bedroom apartment with his mother and nephew. But tenant also rented another apartment in his name and paid the utilities there. Tenant credibly testified that he rented the second apartment for his two adult children, who moved to New York from Haiti to attend school but had no jobs. He had to put the apartment in his name to rent it for his children. He also visited his children daily before and after work. Landlord presented no other documents linking tenant to the second apartment, while tenant provided records showing that he used landlord's apartment as his residence.

200 E 19th St. Realty LLC v. Simeon: Index No. 105469/13, NYLJ No. 1202716726450 (Civ. Ct. Kings; 1/21/15; Marton, J)

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