Tenants Maintained Enough Connections to Apartment

March 1, 1998

LVT Number: 12158

Landlord sued to evict tenants for nonprimary residence, claiming that they maintained other residences. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenants were elderly and showed that they were active in several Manhattan community organizations. Tenants also listed the apartment as their residence on New York City and State resident income tax returns, voter registration and bank statements.

Landlord sued to evict tenants for nonprimary residence, claiming that they maintained other residences. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenants were elderly and showed that they were active in several Manhattan community organizations. Tenants also listed the apartment as their residence on New York City and State resident income tax returns, voter registration and bank statements. Tenants showed that they had a long-term connection to the apartment as their primary residence and that neither of their vacation homes was their primary residence.

84-86 Grove St. Corp. v. Groat: NYLJ, p. 25, col. 2 (2/10/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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