PRIMARY RESIDENCE

Tenant Doesn't Prove Rent-Stabilized Apartment Was Primary Residence

September 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant claimed that the court improperly denied his request for a ruling...

Landlord's Notice Didn't State Sufficient Facts

August 24, 2015    

Landlord sued to evict Mitchell-Lama co-op tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue for eviction for an illegal sublet to an immediate...

Landlord Proves Tenant's Nonprimary Residence

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Before trial, tenant sought landlord’s admission that tenant had lived in...

Tenant Deducted Rent as S Corporation Expense

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule in its favor without a trial, based on documentary evidence. The court ruled against landlord, who appealed and...

Brooklyn College Professor Primarily Resided in Connecticut

August 18, 2015    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant rented the apartment in 1975 and prior to his marriage in 1993, he...

Landlord Accidentally Accepted Rent After Lease Termination

July 14, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord sent a lease nonrenewal/termination notice to tenant on Jan. 5, 2010, stating that the lease wouldn’t be renewed after April 30,...

Tenant Lived at Another Apartment with Boyfriend

June 11, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court reasonably found that tenant didn’t maintain a substantial,...

Landlord Didn't Send Cure Notice to Former Rent-Stabilized Tenant

May 14, 2015    

Prior landlord signed a relocation agreement with rent-stabilized tenant by which tenant agreed to move into a condominium apartment in exchange for consideration and subject to certain conditions. Under the...

Tenant Spent Substantial Time Working in Argentina

April 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant was absent from the apartment for nine months during 2009, eight...

Tenant Primarily Resides in Massachusetts Home

April 16, 2015    

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Tenant Rented Second Apartment for His Adult Children

March 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant lived in the one-bedroom apartment with his mother and nephew. But tenant also rented...

Court Finds Tenant Lives Elsewhere with Her Husband

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant was a self-employed artist who had succeeded to the apartment as a family member of the prior rent-stabilized tenant. Landlord claimed...