Tenant Spends Substantial Time in Other Residence

April 1, 2003

LVT Number: 16455

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved that at various times during the tenancy, tenant lived with his girlfriend in two other Central Park West apartments, a house upstate, and an apartment in France. When tenant moved into one of the other apartments, he listed the upstate address as his current address. He never referred to the studio apartment owned by landlord.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved that at various times during the tenancy, tenant lived with his girlfriend in two other Central Park West apartments, a house upstate, and an apartment in France. When tenant moved into one of the other apartments, he listed the upstate address as his current address. He never referred to the studio apartment owned by landlord.

Rocky 116 LLC v. Weston: NYLJ, 3/5/03, p. 18, col. 5 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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