PRIMARY RESIDENCE

Landlord Wasn't Required to Send Termination Notice to Tenant's Husband

November 21, 2014    

Landlord sued to evict tenant for nonprimary residence. Tenant and her husband asked the court to dismiss the case because landlord hadn't served a copy of its lease termination notice on the husband. The court...

Tenant Lived in Neighbor's Apartment in the Same Building

November 17, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord...

Corporation Can Be Primary Resident

September 26, 2014    

Landlord sued to evict rent-stabilized tenant and apartment occupants, claiming that tenant was a licensee no longer entitled to occupy the premises after its lease expired. Tenant was an agency that provided "...

Tenant Primarily Resided at Inherited Philadelphia Home

September 21, 2014    

Landlord sued to evict rent-stabilized tenant in 2013 for nonprimary residence. Landlord claimed that tenant failed to spend more than 183 days in the apartment in the prior year and that tenant actually lived at a...

Landlord Can Evict Corporate Tenant for Nonprimary Residence

August 17, 2014    

Landlord sued to evict a not-for-profit corporation from a rent-stabilized apartment based on nonprimary residence. Tenant asked the court to dismiss the case. Tenant argued that landlord knew that its purpose was to...

Tenant and Son Lived in Israel for Over Three Years

August 14, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant acknowledged that she had lived in Israel for all but 54 days...

Tenant Maintained Primary Residence Despite Extended Absences

July 18, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Tenant had lived in the apartment for 35 years. Landlord claimed that tenant was away and may have been...

Landlord's Termination Notice Didn't State Enough Facts

July 18, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's lease nonrenewal notice was defective and asked the court to dismiss the case. The court ruled for tenant....

Tenant Must Submit to Independent Medical Exam

July 18, 2014    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord's permission. Tenant claimed that he was...

Tenant with Vacation and Winter Homes Retained Primary Residence at Apartment

June 12, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant spent more than 183 days during the prior year living in East Hampton, N.Y., and Highland Beach, Fla. At trial,...

Tax Form Listed Apartment for Commercial Use

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that no trial was needed because tenant deducted her entire apartment rent as a commercial expense on her tax returns. The...

Appellate Court Upholds Nonprimary Residence Ruling

January 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, and the Appellate Term affirmed in response to tenant's appeal. Tenant appealed again. The Appellate...