Tenant Uses Combined Units as Primary Residence

LVT Number: 14067

Landlord sued to evict rent-stabilized tenant from one apartment for nonprimary residence. Landlord claimed that tenant lived in another apartment on the same floor and only used the second apartment as an art studio. The court ruled against landlord after a trial. Tenant showed that he'd used both apartments as his primary residence for over 30 years. Tenant showed also that several prior landlords knew that he lived in both apartments and had consented to this arrangement.

Landlord sued to evict rent-stabilized tenant from one apartment for nonprimary residence. Landlord claimed that tenant lived in another apartment on the same floor and only used the second apartment as an art studio. The court ruled against landlord after a trial. Tenant showed that he'd used both apartments as his primary residence for over 30 years. Tenant showed also that several prior landlords knew that he lived in both apartments and had consented to this arrangement.

9554 NY Apt. Assocs., LLC v. Hennessy: NYLJ, 4/19/00, p. 27, col. 4 (Civ. Ct. NY; Wendt, J)