Tenant Used Mitchell-Lama Apartment as Pied-a-Terre

October 31, 2009

LVT Number: #22251

Landlord sued to evict tenant from Mitchell-Lama co-op apartment based on nonprimary residence. The court ruled for landlord after a trial, finding that tenant's primary residence was at her home on Long Island with her husband and young child. Tenant appealed and lost. Landlord presented substantial proof that tenant used the apartment as a pied-a-terre for occasional stays in New York City, while living in Old Westbury where her child went to school, her family went to church, and she participated in after-school and weekend activities.

Landlord sued to evict tenant from Mitchell-Lama co-op apartment based on nonprimary residence. The court ruled for landlord after a trial, finding that tenant's primary residence was at her home on Long Island with her husband and young child. Tenant appealed and lost. Landlord presented substantial proof that tenant used the apartment as a pied-a-terre for occasional stays in New York City, while living in Old Westbury where her child went to school, her family went to church, and she participated in after-school and weekend activities. Although tenant and her uncle didn't testify at the trial, the court properly admitted as evidence deposition transcripts containing testimony by tenant and her uncle that supported landlord's claim.

Southbridge Towers v. Pion: NYLJ, 10/27/09, p. 31, col. 4 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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