Tenant's Occupancy Was Elusive

July 31, 2006

LVT Number: 19014

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord showed that tenant's presence in the apartment was elusive. Tenant had little or no documentation showing that he resided primarily in the apartment, and his testimony confirmed that his presence in the apartment was sporadic.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord showed that tenant's presence in the apartment was elusive. Tenant had little or no documentation showing that he resided primarily in the apartment, and his testimony confirmed that his presence in the apartment was sporadic.

Regency Towers, LLC v. Nisanov: NYLJ, 7/14/06, p. 28, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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