Tenant in New York City on Substantial Basis
LVT Number: 11000
Landlord sued to evict rent-stabilized tenant for nonprimary residence, claiming that tenant lived in Wyoming, where he owned a cabin and had oil investments. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant showed that he lived in the apartment on an ongoing, substantial basis. Although landlord's employees stated that they saw tenant only about one week per month, tenant and his witness stated that tenant was at the apartment more frequently. Tenant's bank records and telephone bills showed substantial activity from the apartment and/or from New York. Tenant's driver's license was from Wyoming, but tenant explained that he did most of his driving there. Tenant was also registered to vote in Wyoming. Tenant said that he had registered there in 1974, before he moved into the New York apartment.
Delmonico Hotel Co. v. Rumsey: NYLJ, p. 25, col. 1 (10/29/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)