Tenant Owns Investment Property on Long Island

April 30, 2004

LVT Number: 17296

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant lived in the apartment for 29 years and credibly testified that this was his only residence. Tenant ran a catering business on Long Island and owned two investment properties there. Tenant showed that the Long Island properties were rented out to others during the period in question. Even though tenant's tax returns listed a Long Island address, that wasn't enough to overcome tenant's other proof.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant lived in the apartment for 29 years and credibly testified that this was his only residence. Tenant ran a catering business on Long Island and owned two investment properties there. Tenant showed that the Long Island properties were rented out to others during the period in question. Even though tenant's tax returns listed a Long Island address, that wasn't enough to overcome tenant's other proof. Landlord's only witness was its building superintendent, and the court didn't find his testimony believable.

Patchin Pl., LLC v. Fox: NYLJ, 4/21/04, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

Topics

More like this