PRIMARY RESIDENCE

Mitchell-Lama Apartment Not Tenant's Primary Residence

October 28, 2017    

HPD determined that  Mitchell-Lama co-op tenant didn't occupy apartment as her primary residence and that landlord therefore could evict her. Tenant filed an Article 78 appeal and lost. There was substantial...

Landlord Doesn't Prove Tenant Lived in Another Neighborhood Building

September 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord presented no documentary proof that tenant lived at another address....

Tenant Who Cared for Ailing Parents in Georgia Kept Apartment as Primary Residence

August 15, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. The trial court fairly interpreted the evidence. Tenant's absence from the...

Rent-Stabilized Tenants Use Two Adjoining Apartments as One Primary Residence

July 20, 2017    

Landlord sued to evict rent-stabilized tenants, claiming nonprimary residence. Tenants, in their 80s, had lived together in the two adjoining apartments for over 40 years. The apartments were a studio and a one-...

Landlord Proved Rent-Controlled Tenant Primarily Resided in Wisconsin

June 19, 2017    

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that tenant wasn't present in the apartment at all from March...

Tenant's Absence from Apartment Was Excusable

February 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant...

Tenants Entitled to Pretrial Questioning of Landlord

February 13, 2017    

Landlord sued to evict rent-stabilized tenants, claiming that the apartment wasn’t tenants’ primary residence. Tenants asked the court for permission to conduct pretrial questioning of landlord. The court...

Landlord's Nonrenewal/Termination Notice Was Specific Enough

December 20, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the lease nonrenewal and termination notice was insufficient and therefore defective....

Landlord Proved Tenant's Primary Residence Was in Barbados

December 15, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. There was undisputed proof that tenant wasn’t present in the apartment at...

Landlord Proves Rent-Controlled Tenant Primarily Resided in South Carolina

November 18, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence and claimed that tenant primarily resided in South Carolina. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented...

Landlord Should Provide Surveillance Videos to Tenant, at Tenant's Expense

November 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. During trial, tenant asked the court to preclude landlord from introducing videotape evidence of comings and goings from the building because...

Tenant Spent Time at Girlfriend’s Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t present many of the documents typically relied on to...

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