Tenant Owns Home in Massachusetts
LVT Number: 11664
Landlord sued to evict tenant for nonprimary residence. The court ruled against landlord after a trial, and landlord appealed. Landlord had showed that tenant owned a home in Massachusetts and that she'd been subletting the apartment since at least 1991. One subtenant testified that tenant visited the apartment only once a month to pick up rent payments and mail. Tenant claimed she rented the Massachusetts house as a bed-and-breakfast, that she paid taxes and voted from the apartment, and that she only accepted money from friends who stayed there. A current occupant testified that tenant lived in the apartment at least part of the time. The appeals court ruled for landlord. Landlord proved that, for many years before he sued to evict, tenant was a nonprimary resident. Tenant's attempt to resume residence in the apartment after landlord started the court proceeding didn't change this.
Simon v. Smith: NYLJ, p. 30, col. 4 (7/2/97) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Patterson, JJ)