Tenant Resided Primarily in California

December 1, 2010

LVT Number: #23073

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant maintained an alternate residence in California since 1972, maintained significant ties there, had a California driver's license listing the California address, spent less than 183 days per year in the New York apartment, and rented the apartment for profit. So landlord proved that tenant didn't maintain an ongoing, substantial, physical nexus with the New York apartment for actual living purposes.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant maintained an alternate residence in California since 1972, maintained significant ties there, had a California driver's license listing the California address, spent less than 183 days per year in the New York apartment, and rented the apartment for profit. So landlord proved that tenant didn't maintain an ongoing, substantial, physical nexus with the New York apartment for actual living purposes.

17-19 Bleecker Street, LLC v. McAdams: 2010 NY Slip Op 52042(U), 2010 WL 4860791 (App. T. 1 Dept.; 11/29/10; McKeon, PJ, Schoenfeld, Shulman, JJ)

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