Tenant Holding Tourist Visa Can't Claim NYC Apartment As Primary Residence

October 31, 2007

LVT Number: #19969

Landlord sued to eject rent-stabilized tenant from her apartment. Tenant, Bianca Jagger, was a B-2 tourist visa holder, who maintained her principal residence in England. Landlord claimed that, as a matter of law, tenant couldn't maintain her primary residence at the New York apartment. Landlord asked the court to rule without trial. The court ruled against landlord. Landlord appealed and won. The holder of a B-2 visa must show that she intends to leave the United States at the end of the temporary stay.

Landlord sued to eject rent-stabilized tenant from her apartment. Tenant, Bianca Jagger, was a B-2 tourist visa holder, who maintained her principal residence in England. Landlord claimed that, as a matter of law, tenant couldn't maintain her primary residence at the New York apartment. Landlord asked the court to rule without trial. The court ruled against landlord. Landlord appealed and won. The holder of a B-2 visa must show that she intends to leave the United States at the end of the temporary stay. These visitors can be admitted for no longer than one year and may obtain extensions of their temporary stay for no more than six months at a time. So, as a matter of law, tenant can't maintain her primary residence in New York City.

Katz Park Avenue Corp. v. Jagger: NYLJ, 10/24/07, pg. 26, col. 1 (App. Div. 1 Dept.; Tom, JP, Marlow, Sullivan, McGuire, Malone, JJ)

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