Tenant Lived in Flushing House for 10 Years

LVT Number: 8678

Landlord sued to evict rent-controlled tenants for nonprimary residence. The trial court ruled for landlord, and tenants appealed. The appeals court again ruled for landlord. Landlord showed that tenants had moved out in 1982 and turned the apartment over to another family, who paid rent directly to landlord until they moved out in 1992. During the 10 years, tenants lived in a house they owned in Flushing, Queens. Tenants showed no connection with the apartment after they let the other family move in.

Landlord sued to evict rent-controlled tenants for nonprimary residence. The trial court ruled for landlord, and tenants appealed. The appeals court again ruled for landlord. Landlord showed that tenants had moved out in 1982 and turned the apartment over to another family, who paid rent directly to landlord until they moved out in 1992. During the 10 years, tenants lived in a house they owned in Flushing, Queens. Tenants showed no connection with the apartment after they let the other family move in.

Shiu v. Leung: NYLJ, p. 21, col. 5 (3/1/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)