PRIMARY RESIDENCE

PRIMARY RESIDENCE

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...

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....