Tenant Spends Significant Amount of Time in Brazil

April 30, 2004

LVT Number: 17294

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that he spent a significant amount of time with family members in an apartment in Brazil. Tenant had dual American and Brazilian citizenship. Landlord's witnesses testified that tenant's presence at the apartment was sporadic. Tenant called no witnesses on his behalf and presented little documentary proof of residency at the apartment.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that he spent a significant amount of time with family members in an apartment in Brazil. Tenant had dual American and Brazilian citizenship. Landlord's witnesses testified that tenant's presence at the apartment was sporadic. Tenant called no witnesses on his behalf and presented little documentary proof of residency at the apartment. For three years before the case started, tenant filed tax returns in Brazil and maintained only Brazilian credit card accounts. Tenant didn't prove an ongoing, substantial, physical connection to the apartment.

N.Y. Hanover Corp. v. Casas: NYLJ, 4/9/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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