Tenant Temporarily Resided in Los Angeles

January 1, 1999

LVT Number: 12902

Landlord sued to evict rent-controlled tenant for nonprimary residence, claiming that she lived primarily in Los Angeles. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had presented substantial proof of her connection to the New York apartment, including state and city income tax returns, voter registration, passport, local bank accounts, and personal belongings. Tenant had admitted renting an apartment in Los Angeles while she worked there temporarily, but this wasn't her primary residence.

Landlord sued to evict rent-controlled tenant for nonprimary residence, claiming that she lived primarily in Los Angeles. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had presented substantial proof of her connection to the New York apartment, including state and city income tax returns, voter registration, passport, local bank accounts, and personal belongings. Tenant had admitted renting an apartment in Los Angeles while she worked there temporarily, but this wasn't her primary residence.

86 Realty, LLC v. Lang: NYLJ, p. 24, col. 3 (12/23/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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