Tenant Spends Winters in Haiti

December 1, 1996

LVT Number: 11068

Landlord sued to evict tenant for nonprimary residence, claiming that tenant spent lengthy periods in Haiti. The court ruled against landlord. Tenant was 71 years old and had lived in the apartment for over 30 years. Landlord offered no proof of any other residence or that tenant filed taxes, voted, or maintained a driver's license or car registration at any other address. Tenant stated that he visited his sister in Haiti in the winter. His passport showed that his visits ranged from one to eight months. Tenant's longer visits were made necessary by health problems.

Landlord sued to evict tenant for nonprimary residence, claiming that tenant spent lengthy periods in Haiti. The court ruled against landlord. Tenant was 71 years old and had lived in the apartment for over 30 years. Landlord offered no proof of any other residence or that tenant filed taxes, voted, or maintained a driver's license or car registration at any other address. Tenant stated that he visited his sister in Haiti in the winter. His passport showed that his visits ranged from one to eight months. Tenant's longer visits were made necessary by health problems. Tenant otherwise maintained a continuing relationship to the apartment and showed his intent to maintain it as his primary residence.

Midway Hotel Corp. v. Duval: NYLJ, p. 32, col. 5 (11/20/96) (Civ. Ct. NY; Doherty, J)

Topics

More like this