Tenant Lived at Another Apartment with Boyfriend

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, physical connection to the apartment for actual living purposes between 2004 and 2006. Tenant had moved to another apartment in the city with her boyfriend. Police records showed that tenant had obtained an order of protection to exclude the boyfriend from the other apartment. Tenant also had sublet her apartment to someone else while living in the other apartment. Tenant was a real estate professional and, while she maintained a paper trail to the apartment, she repeatedly lied and contradicted herself at trial.

Norfolk Development LLC v. Kee: 2015 NY Slip Op 50824(U), 2015 WL 3369272 (App. T. 1 Dept.; 5/22/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)