Tenant Was Regularly in Apartment

June 30, 2004

LVT Number: 17427

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived primarily with his girlfriend in another New York City apartment. The court ruled against landlord. Landlord appealed and lost. Tenant was in his own apartment on a regular basis during morning and evening hours, and he entertained there regularly throughout the period in question.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived primarily with his girlfriend in another New York City apartment. The court ruled against landlord. Landlord appealed and lost. Tenant was in his own apartment on a regular basis during morning and evening hours, and he entertained there regularly throughout the period in question. Tenant spent time at his former girlfriend's apartment but kept his furniture and personal belongings in his own apartment and was always announced as a visitor by the lobby attendant of his girlfriend's building.

Sutton Assocs. v. Hutton: NYLJ, 6/30/04, p. 25, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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