Tenant Who Owns Property inConnecticut Is Primary Resident

April 30, 1995

LVT Number: 9671

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for landlord and tenant appealed. The appeals court reversed and ruled for tenant. Tenant proved that the apartment was her primary residence. She worked at a school 20 blocks from the apartment and walked to and from work five days a week. Other people saw her around the building regularly. Tenant voted in New York City and paid resident income taxes.

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for landlord and tenant appealed. The appeals court reversed and ruled for tenant. Tenant proved that the apartment was her primary residence. She worked at a school 20 blocks from the apartment and walked to and from work five days a week. Other people saw her around the building regularly. Tenant voted in New York City and paid resident income taxes. The fact that tenant's bankruptcy petition listed a homestead exemption for Connecticut property didn't bar a finding that the apartment was tenant's primary residence.

Mauro v. Cornell: NYLJ, p. 25, col. 1 (4/14/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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