Tenant Lives and Works in Neighboring Building

January 1, 2000

LVT Number: 13780

Landlord sued to evict loft tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and won. Landlord showed that tenant had sublet the loft and didn't live there as her primary residence. Although tenant claimed that she was estranged from her husband, landlord presented substantial proof that tenant lived in the building next door with her husband and children and worked as a superintendent in that building. There was little or no proof that tenant continuously lived in the loft building.

Landlord sued to evict loft tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and won. Landlord showed that tenant had sublet the loft and didn't live there as her primary residence. Although tenant claimed that she was estranged from her husband, landlord presented substantial proof that tenant lived in the building next door with her husband and children and worked as a superintendent in that building. There was little or no proof that tenant continuously lived in the loft building. And another tenant at the loft building testified that she hadn't seen tenant there in a number of years.

Crystal World Realty v. Sze: NYLJ, p. 26, col. 1 (12/14/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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