Tenant Who Took Care of Family in Westchester Maintained Primary Residence in Manhattan

July 19, 2016

LVT Number: #27080

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. The apartment was listed on various important documents, including tenant’s driver’s license, voter registrations, W-2 forms, and bank and credit card statements. Although tenant had bank and credit card activity in Westchester County, she testified credibly that she traveled to Westchester to care for her elderly mother and disabled brother, but returned to the Manhattan apartment most nights.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. The apartment was listed on various important documents, including tenant’s driver’s license, voter registrations, W-2 forms, and bank and credit card statements. Although tenant had bank and credit card activity in Westchester County, she testified credibly that she traveled to Westchester to care for her elderly mother and disabled brother, but returned to the Manhattan apartment most nights. The trial court fairly interpreted the evidence.

 

 

 
BRG 321 LLC v. Hirschorn: 52 Misc.3d 131(A), 2016 NY Slip Op 50975(U) (App. T. 1 Dept.; 6/27/16; Hunter Jr., JP, Lowe III, Ling-Cohan, JJ)

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