Tenant Used Apartment on Weekdays

September 30, 2004

LVT Number: 17615

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's husband owned a home in Queens. Tenant claimed that she lived in the apartment on weekdays and joined her husband in Queens only on weekends. The court ruled for tenant and dismissed the case. Tenant showed utility bills, tax documents, a driver's license, and physician's license, all addressed to her at the apartment. Tenant also received medical oxygen at the apartment and was also billed for it there.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's husband owned a home in Queens. Tenant claimed that she lived in the apartment on weekdays and joined her husband in Queens only on weekends. The court ruled for tenant and dismissed the case. Tenant showed utility bills, tax documents, a driver's license, and physician's license, all addressed to her at the apartment. Tenant also received medical oxygen at the apartment and was also billed for it there. Tenant didn't have an ownership interest in the Queens house and kept most of her personal possessions in the apartment.

Uptown Realty Group LP v. Buffaloe: NYLJ, 9/15/04, p. 18, col. 1 (Civ. Ct. NY; Milin, J)

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