Case Type

Holdover-Non-primary Residence

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

19-CV-123456

Petitioner

435 Central Park West Tenant Association, Yasuto T Aga, Lydia Baez, Cesar Pena, Jorge Martinez, Martha Arif, Joy Harris, Alton Swift, Jennie Morton-Garcia, Martha Adams, Alladin Walters, Victoria Frasier, Jose Regalado, Juan Huntt, Christine Barrow, George Parker, Bjorg Jean-Pierre, Maria Cruz, Hiram Chapman

Respondent

65 Pearl Street LLC

Judge

Smith, Jane M.

Decision/Order Date

2023-04-15

Posture

Post-answer Motion by Landlord

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

Tenants failed to maintain the premises as their primary residence, breaching the lease agreement. The court found that under rent stabilization laws, a primary residence must be occupied continuously, which the tenant failed to demonstrate. Thus, the landlord's motion for eviction was granted based on non-primary residence grounds, resulting in judgment for the landlord.

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