PRIMARY RESIDENCE

Tenant Lived in Other Apartment

March 16, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord showed that tenant listed another address on his driver’s license, car registration,...

Landlord Doesn't Prove Tenant Moved to Brooklyn

February 22, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant had moved to Brooklyn in 2009 and no longer maintained the Manhattan apartment as his primary residence. The trial...

Landlord Must Provide Surveillance Video to Tenant

December 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to require landlord to provide her with copies of building video surveillance footage so that there would be no surprise...

Tenant Moved to Florida Before Lease Nonrenewal Notice Sent

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the...

Tenant Who Deducted Rent as Business Expense Can’t Claim Primary Residence

October 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial, finding that tenant lived in the subject apartment and not at his wife’s apartment...

Primary Residence Case Reopened for New Trial

October 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case after landlord presented its part of a trial. Landlord appealed, and the case was...

Tenant Can't Cure Nonprimary Residence

October 15, 2015    

Landlord sued to evict Mitchell-Lama tenant and his father after HPD granted certificates of eviction. Landlord claimed that tenant didn’t live in the apartment as his primary residence. Tenant’s father...

Tenant Spent Most Days at Mother’s Yonkers Home

September 22, 2015    

Landlord sued to evict rent-stabilized tenant from a studio apartment based on nonprimary residence. Landlord claimed that tenant had abandoned the apartment and lived primarily in Yonkers with her mother. The court...

Tenant Doesn't Prove Rent-Stabilized Apartment Was Primary Residence

September 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant claimed that the court improperly denied his request for a ruling...

Landlord's Notice Didn't State Sufficient Facts

August 24, 2015    

Landlord sued to evict Mitchell-Lama co-op tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue for eviction for an illegal sublet to an immediate...

Landlord Proves Tenant's Nonprimary Residence

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Before trial, tenant sought landlord’s admission that tenant had lived in...

Tenant Deducted Rent as S Corporation Expense

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule in its favor without a trial, based on documentary evidence. The court ruled against landlord, who appealed and...