Tenant Used Upstate House as Vacation Home

LVT Number: #19684

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed twice and lost both times. Landlord claimed that tenant's primary residence was a house she owned in upstate New York. Tenant testified that the house was a second residence used on weekends, holidays, and vacations and showed she had a substantial physical connection to the apartment. Tenant also explained why she specified the upstate residence as her home address in certain tax-related documents.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed twice and lost both times. Landlord claimed that tenant's primary residence was a house she owned in upstate New York. Tenant testified that the house was a second residence used on weekends, holidays, and vacations and showed she had a substantial physical connection to the apartment. Tenant also explained why she specified the upstate residence as her home address in certain tax-related documents. Her New York State tax returns listed the upstate house as tenant's home address but also stated that tenant was a full-year resident of New York City. Tenant also always paid New York City income tax on all of her income.

310 East 23rd LLC v. Colvin: NYLJ, 6/11/07, p. 33, col. 6 (App. Div. 1 Dept.; Andrias, JP, Gonzalez, Sweeny, McGuire, Malone, JJ)