Landlord Proves Tenant Didn't Primarily Reside in Apartment

LVT Number: #28541

(Decision submitted by Noah Levenson of the Manhattan law firm of Levy Tolman LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant's 2001 marriage certificate, 2011 driver's license, and voter registration listed another address as tenant's residence. Tenant submitted no tax returns, income statements, bank records, credit card statements, utility bills, or any other documentation listing the apartment as his address. Tenant's testimony wasn't credible. He didn't remember when he moved into the apartment, and stated that he was frequently out of state on jobs between 2012 and 2014, but didn't remember how much time he spent on those jobs. [Download PDF of decision here.]