PRIMARY RESIDENCE

PRIMARY RESIDENCE

Landlord Seeks Ejectment of Loft Tenant for Nonprimary Residence

March 19, 2019    

A building owner's joint venturer sued to eject loft tenant from the building. The building owner had conveyed tenant's loft unit to the joint venturer. The joint venturer claimed that tenant breached the...

Tenant Retained Primary Residence at Apartment Despite Absences

February 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant explained her absences from the apartment. She was frequently away because she worked as...

Landlord Doesn't Prove Nonprimary Residence

December 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Although tenant owned two properties with the requirement that he maintain each...

Rent-Stabilized Tenant Didn't Primarily Reside in Apartment

November 17, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed, and the court ordered a new trial. But landlord then appealed to the higher court,...

Landlord Sent Lease Termination Notice Too Early

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied landlord's request to conduct pretrial questioning, finding that landlord didn't demonstrate ample need. Landlord's...

Nonprimary Residence Claim Against Tenant Dismissed for Insufficient Facts

September 24, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial. Tenant had lived in the apartment since 2000 and said she had had no other address....

Tenant Claimed He Had No NYC Address on Tax Returns

September 24, 2018    

(Decision submitted by Matthew Livits, Esq. of the Manhattan law firm of Smyth Law P.C., attorneys for the landlord.)

Corporate Tenant Used Rent-Stabilized Apartment for Different Directors Over Time

August 13, 2018    

Landlord sued to evict corporate tenant from rent-stabilized apartment based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord initially leased the apartment to corporate...

Landlord Proves Tenant Didn't Primarily Reside in Apartment

July 27, 2018    

(Decision submitted by Noah Levenson of the Manhattan law firm of Levy Tolman LLP, attorneys for the landlord.)

Tenant Claimed Apartment Was Her Primary Residence While She Cared for Ailing Mother

June 23, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that she maintained the apartment as her primary residence and stayed with her mother only to care for her. The court denied...

Tenant Can't Prove Nine-Month Absence from Apartment Was for Medical Reasons

March 14, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost, then appealed to a higher court that again ruled against tenant. The trial...

Landlord Can't Use the Same "Golub" Notice for Second Eviction Case

February 16, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The case was dismissed after a traverse hearing where landlord didn't prove proper service. Landlord then started another eviction...