Tenant Used Nearby Co-op Apartment as Office

April 30, 2002

LVT Number: 15786

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant lived in a nearby co-op apartment that tenant owned. The court ruled against landlord after a jury trial. Landlord appealed and lost. Tenant listed the rent-controlled apartment as his address on his driver's license, bank account, and income tax returns. Tenant's next door neighbor testified that she saw him on a daily basis. Tenant admitted that he had owned the nearby co-op apartment since 1984. He had inherited it from his mother.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant lived in a nearby co-op apartment that tenant owned. The court ruled against landlord after a jury trial. Landlord appealed and lost. Tenant listed the rent-controlled apartment as his address on his driver's license, bank account, and income tax returns. Tenant's next door neighbor testified that she saw him on a daily basis. Tenant admitted that he had owned the nearby co-op apartment since 1984. He had inherited it from his mother. But the jury believed tenant's claim that he used that address as an office for a nonprofit company he ran. The jury's finding was a fair interpretation of the proof presented at the trial.

Bobbyson 328, Inc. v. Heilbut: NYLJ, 4/19/02, p. 18, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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