PRIMARY RESIDENCE

Tenants Used Second Apartment for Storage, Not as Primary Residence

June 17, 2016    

Landlord sued to evict rent-stabilized tenants based on nonprimary residence. The trial court ruled against landlord, who appealed and won. Video surveillance showed that tenants rarely entered the apartment. Video...

Tenant's Absence from Apartment Was Excusable

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant...

Landlord's Lease Nonrenewal Notice Wasn't Specific Enough

April 19, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord’s lease nonrenewal notice was too vague to support landlord’s...

Tenant Moved to Hawaii and Declared Bankruptcy

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and won. Tenant was admittedly in Hawaii for 14 months during the two-year “Golub...

Tenant Lived in Other Apartment

March 16, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord showed that tenant listed another address on his driver’s license, car registration,...

Landlord Doesn't Prove Tenant Moved to Brooklyn

February 22, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant had moved to Brooklyn in 2009 and no longer maintained the Manhattan apartment as his primary residence. The trial...

Landlord Must Provide Surveillance Video to Tenant

December 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to require landlord to provide her with copies of building video surveillance footage so that there would be no surprise...

Tenant Moved to Florida Before Lease Nonrenewal Notice Sent

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the...

Tenant Who Deducted Rent as Business Expense Can’t Claim Primary Residence

October 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial, finding that tenant lived in the subject apartment and not at his wife’s apartment...

Primary Residence Case Reopened for New Trial

October 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case after landlord presented its part of a trial. Landlord appealed, and the case was...

Tenant Can't Cure Nonprimary Residence

October 15, 2015    

Landlord sued to evict Mitchell-Lama tenant and his father after HPD granted certificates of eviction. Landlord claimed that tenant didn’t live in the apartment as his primary residence. Tenant’s father...

Tenant Spent Most Days at Mother’s Yonkers Home

September 22, 2015    

Landlord sued to evict rent-stabilized tenant from a studio apartment based on nonprimary residence. Landlord claimed that tenant had abandoned the apartment and lived primarily in Yonkers with her mother. The court...