Tenant Visits Daughter in Rockland County

Facts: Tenant lived in Mitchell-Lama cooperative apartment since 1983. In 1993 landlord notified tenant that it intended to evict her for nonprimary residence. Landlord claimed that tenant lived with her daughter in Rockland County. Landlord showed that tenant filed her tax returns and registered her car from the Rockland address. Landlord also claimed that tenant's car wasn't in the building garage much. A hearing was held before HPD, which ruled for landlord and issued a certificate of eviction. Tenant appealed, claiming HPD didn't have proof for its decision. Court: Tenant wins. HPD held an informal hearing. Landlord didn't prove that tenant was away from the apartment at least 183 days per year. Tenant did register to vote from the apartment and worked as a teacher in a school across the street from the building. Landlord's report about tenant's car was based on an incorrect license number and was otherwise inconsistent. The court sent the case back for a new hearing.

White v. HPD: NYLJ, p. 26, col. 4 (1/16/96) (Sup. Ct. NY; Gangel-Jacob, J)