PRIMARY RESIDENCE

Landlord Proves Tenant Spent Most of Her Time at Bronx House

July 23, 2019    

Landlord sued to evict rent-controlled tenant from Manhattan apartment for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that the majority of significant activity...

Tenant Primarily Resided in Tennessee

July 13, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. The trial court relied on sufficient proof that tenant actually lived in Tennessee from...

Landlord's Lease Nonrenewal Notice Stated Sufficient Grounds for Eviction Case

June 17, 2019    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord's request for pretrial questioning and granted tenant's request to dismiss the case. Landlord appealed,...

Tenant Relocated Temporarily to San Antonio for Job

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, finding that tenant relocated only temporarily due to employment requirements to move to San Antonio for...

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...