PRIMARY RESIDENCE

Tenant Must Submit to Independent Medical Exam

July 18, 2014    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord's permission. Tenant claimed that he was...

Tenant with Vacation and Winter Homes Retained Primary Residence at Apartment

June 12, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant spent more than 183 days during the prior year living in East Hampton, N.Y., and Highland Beach, Fla. At trial,...

Tax Form Listed Apartment for Commercial Use

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that no trial was needed because tenant deducted her entire apartment rent as a commercial expense on her tax returns. The...

Appellate Court Upholds Nonprimary Residence Ruling

January 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, and the Appellate Term affirmed in response to tenant's appeal. Tenant appealed again. The Appellate...

Nonrenewal Notice Ineffective for Deemed Lease

November 18, 2013    

Landlord sued to evict rent-stabilized tenant in 2012 for nonprimary residence after sending tenant a 90- to 150-day lease nonrenewal notice. Tenant claimed that landlord's nonrenewal notice was untimely because...

Court Denies Landlord's Request for Pretrial Questioning

June 12, 2013    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.)

Tenant Owned Luxury Co-op in Riverdale

June 10, 2013    

Landlord sued to evict rent-stabilized tenant of Manhattan apartment for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The trial judge didn't believe tenant's testimony....

Tenant Lived in Another Apartment Under Forged Leases

April 15, 2013    

Landlord sued to evict rent-stabilized SRO hotel unit tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The SRO unit was on West 79th Street in Manhattan. Landlord proved...

Landlord Can Question Apartment Occupant Before Trial

April 12, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord named another apartment occupant as a party to the proceeding and asked the court for permission to conduct pretrial questioning of the...

Daughter's Occupancy Doesn't Bar Claim Against Tenant

February 8, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case after tenant claimed that landlord had acknowledged that tenant's daughter...

Landlord Claims Tenant Primarily Resided in Husband's Studio

February 8, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord claimed that tenant lived primarily ...

Vermont House Wasn't Tenant's Primary Residence

November 16, 2012    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court and first appeals court ruled for landlord. Tenant appealed again and won. Tenant moved into the studio apartment in 1980. In...