Tenant Runs Business in Florida

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court dismissed tenant's petition, and landlord appealed. The appeals court reversed. Tenant didn't maintain an ongoing, substantial physical connection with the apartment. Tenant lived primarily in Florida with her 10-year-old son. She also owned and operated a scenic design business with her ex-husband there. Landlord showed that tenant listed a Florida address on various key documents, including her driver's license, motor vehicle registration, federal income tax return, and certain utility bills and credit card statements. Tenant also filed a New York City nonresident income tax return, and had gotten a Florida homestead exemption during the period in question.

Law Center Foundation v. Dewitt: NYLJ, p. 25, col. 5 (4/16/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)