Case Type
Holdover-Non-primary Residence
Housing Type
Rent Controlled
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2021-106 K C
Slip Opinion Number
2024 NY Slip Op 50564(U)
Petitioner
456, LLC
Respondent
Amanda Wagstaff
Judge
Toussaint, Wavny; Mundy, Marina C.; Ottley, Lisa S.
Decision/Order Date
2024-04-12
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In a holdover non-primary residence proceeding for a rent-controlled apartment, the landlord failed to prove by a preponderance of the evidence that the tenant did not primarily reside in the subject premises, as required by the NYC Rent and Rehabilitation Law. The court emphasized the importance of a substantial, ongoing physical nexus with the controlled premises for actual living purposes in defining "primary residence." The decision affirms the dismissal of the landlord's petition following a nonjury trial.
Recommended Citation
"456, LLC v. WAGSTAFF" (2024). All Decisions. 1560.
https://ir.lawnet.fordham.edu/housing_court_all/1560
