Tenant Temporarily Employed in Connecticut

March 1, 1999

LVT Number: 13051

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 25 years. For one year, she had rented another apartment in Connecticut while she was temporarily employed there. But tenant continued to list the New York apartment on New York State and City tax returns, voter registration records, and various banking and other commercial receipts. Tenant gave up the Connecticut apartment after the one year.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 25 years. For one year, she had rented another apartment in Connecticut while she was temporarily employed there. But tenant continued to list the New York apartment on New York State and City tax returns, voter registration records, and various banking and other commercial receipts. Tenant gave up the Connecticut apartment after the one year. Landlord didn't prove that tenant no longer lived in the New York apartment as her primary residence or that the Connecticut apartment was her primary residence during the period that she rented it.

Shared Equities Co. v. Prado: NYLJ, p. 28, col. 6 (2/4/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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