Tenant Who Spent Most Nights at Partner's Home Still Maintained Primary Residence

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, even though tenant spent a substantial amount of time at his partner's apartment. Tenant testified that he was unemployed, received SSI benefits for a physical disability, lived in the apartment since 1991, had a roommate but maintained the one bedroom for himself, and spent several nights a week at his long-term partner's apartment. Tenant's tax returns and other documents all listed the subject apartment as his address. Tenant's mobile phone bills went to his partner at the partner's address because they share a family phone plan. Surveillance video confirmed that during the year prior to commencement of the case, tenant spent 179 days at the apartment but stayed overnight only 90 days. No single factor solely determined nonprimary residence. Tenant regularly returned to the apartment several times a week. The volume of important documents connecting tenant to the apartment and the extent of tenant's apartment presence outweighed the phone bill records and the number of days spent at the apartment. Landlord didn't prove by a preponderance of the evidence that tenant failed to maintain the apartment as his primary residence. 

217 E. 88th St. v. Levine: 65 Misc.3d 1214(A), 2019 NY Slip Op 51602(U) (Civ. Ct. NY; 10/3/19; Stoller, J)