PRIMARY RESIDENCE

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...

New Trial Needed on Whether Tenant's Pennsylvania Home Was Primary Residence

January 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, finding that tenant split her time almost evenly between the apartment and a Pennsylvania home. Tenant...

Is Apartment Rent-Stabilized Tenant's Primary Residence?

December 17, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed, and the court reopened the case and sent it back for a new trial. The trial court...

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....

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