Tenant Kept Rent-Controlled Apartment for Occasional Use
LVT Number: 12371
(Decision submitted by Sally Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Facts: Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant lived in Queens and later in Mexico, rather than in the Manhattan apartment. A private investigator testified that he'd spoken with tenant in Queens in 1990 and produced a tape recording in which tenant stated that she'd been living in Queens for six years and that she intended to use the Manhattan apartment only as a ''pied-a-terre'' and as a convenience for visiting family members. Landlord also presented documentary proof that tenant paid rent and utilities for the Queens apartment for many years, and that tenant's marriage and car registrations listed the Queens address as her home. Except for utility bills to the apartment, tenant produced no other documents connecting her with the apartment. There was also proof that tenant had recently sublet the apartment. Court: Landlord wins. Tenant's trial testimony contained many inaccuracies and unbelievable memory lapses. Tenant obviously held on to the rent-controlled apartment for both convenience and limited profit. Landlord proved that tenant didn't maintain an ongoing, substantial physical connection to the apartment.
412 West 49th Acquisition Co., LLC v. Londono: L&T Index No. 70929/96 (3/18/98) (Civ. Ct. NY; Hoffman, J) [7-page document]