Tenant Spent Substantial Time at Vermont Home

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Landlord showed that there was little electricity usage in the apartment for more than two years before starting the case. Tenant admitted that she spent a substantial amount of time in a house she owned in Vermont. The Vermont address was listed on her driver’s license and auto registration. Tenant’s long-time companion also primarily resided at the Vermont house. Although the trial court may have placed too much emphasis on credit card and bank transaction documents, this was a harmless error since the court’s decision otherwise was supported by the record.

409-411 Sixth Street, LLC v. Mogi: NYLJ, 4/1/10, p. 37, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, JJ)