PRIMARY RESIDENCE

Landlord Didn't Serve Timely Lease Nonrenewal Notice

July 27, 2021    

Landlord sued to evict rent-stabilized tenant in Nassau County for nonprimary residence. Among other things, tenant claimed that landlord failed to serve a timely notice of lease nonrenewal under ETPR Section 2503.5...

Nonprimary Residence Claim Dismissed Despite Some Proof of Second Apartment

June 22, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant and her seven witnesses demonstrated that she maintained an ongoing...

Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant

March 26, 2021    

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord...

Tenant Who Often Stayed with Companion Still Maintained Apartment as Primary Residence

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Although tenant often slept at her 75-year-old companion's apartment, the court found that tenant...

Tenant's STAR Exemption for Yonkers House Didn't Preclude Primary Residence in Manhattan

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't respond to landlord's court petition, but tenant's son claimed that tenant had moved out and that he had succession...

90-Year-Old Tenant Was Absent from Apartment Due to Injuries in Portugal

February 24, 2020    

Landlord sued to evict 90-year-old rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in Portugal. The trial court ruled for tenant and dismissed the case. Landlord...

Tenant Who Spent Most Nights at Partner's Home Still Maintained Primary Residence

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, even though tenant spent a substantial amount of time at his partner's apartment. Tenant testified...

Husband Maintained Apartment as Primary Residence Although Wife Lived in the Bronx

November 21, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the...

Rent-Stabilized Tenant Didn't Comply with Document Production Order

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. When tenant failed to comply with an agreement to produce certain documents during  pretrial questioning, landlord asked the court to...

Court Incorrectly Found Landlord's Nonrenewal Notice Defective

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case based on defects in landlord's combined notice of lease nonrenewal and...

Landlord's Termination Notice Claiming Nonprimary Residence Was Defective

September 23, 2019    

Landlord sued to evict Mitchell-Lama co-op shareholder tenant for nonprimary residence and unlawful subletting without landlord's consent. Tenants asked the court to dismiss the case, claiming that landlord's...

Landlord Didn't Send Timely Termination Notice

August 27, 2019    

Landlord sued to evict rent-stabilized ETPA tenant for nonprimary residence. The court granted tenant's request to dismiss the case. Landlord didn't send the lease nonrenewal/termination notice during the...