Video Camera Helps Prove Tenant Isn't Primary Resident

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After a trial, the court ruled that tenant was a primary resident. Landlord appealed, claiming, among other things, that a video camera installed outside tenant's apartment showed that tenant wasn't a primary resident. The video camera showed that tenant had stayed overnight in the apartment only seven times in a 15-month period. And it showed that someone else stayed in the apartment. Landlord presented other proof at the trial that tenant spent at least half the year in Florida, where her parents lived and where she worked as a musician. When in New York, tenant usually stayed in another apartment with a friend and had luggage and dry cleaning delivered to that building. The appeals court ruled for landlord. The proof supported landlord's claim that tenant didn't live in the apartment as her primary residence. Tenant used the apartment only occasionally.

Emel Realty Corp. v. Carey: NYLJ, 1/4/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)