Tenant Spent Time at Girlfriend’s Apartment

October 25, 2016

LVT Number: #27260

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t present many of the documents typically relied on to establish nonprimary residence. There were also conflicts in landlord’s claims. Landlord’s notice of termination claimed that tenant voted from and maintained utilities, banking records, credit card accounts, and insurance at an alternate address, but presented no proof of these records at trial.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t present many of the documents typically relied on to establish nonprimary residence. There were also conflicts in landlord’s claims. Landlord’s notice of termination claimed that tenant voted from and maintained utilities, banking records, credit card accounts, and insurance at an alternate address, but presented no proof of these records at trial. The fact that the 82-year-old tenant frequently visited his now former girlfriend at a nearby apartment didn’t compel a finding of nonprimary residence.

 

 

 

Budhu v. Castro: 2016 NY Slip Op 51341(U), 2016 WL 5395990 (App. T. 1 Dept.; 9/27/16; Shulman, JP, Ling-Cohan Gonzalez, JJ)

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