Tenant Owns Investment Property in Pennsylvania

Facts: Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant was 71 years old and had lived in the apartment for 40 years. Landlord claimed that tenant lived primarily in Pennsylvania. Tenant testified that she had bought investment property in Pennsylvania in 1985 and that she visited that property six to eight times a month. She rented two units on the property. She had cable TV at the property, but stated that it was installed for a tenant. She also visited a dentist in Pennsylvania, but stated that it was for emergency treatment and that she hadn't returned to that dentist. Tenant showed that she filed New York State tax returns listing the apartment as her home address and the out-of-state property as investment property. She also had a New York driver's license, had insurance in New York, and was registered to vote in New York. Court: Landlord loses. Tenant credibly testified that she lived in the New York apartment and showed that she visited the Pennsylvania property to manage the rental units there.

Hart Future Co. v. Rose: NYLJ, 5/10/00, p. 31, col. 2 (Civ. Ct. NY; Wendt, J)