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Posted by Tenant Net Critic on August 28, 1997 at 12:24:58:

In Reply to: Re: Primary Residency posted by TenantNet on August 24, 1997 at 13:45:19:

: : What is the definition of primary residency? Can you reside part-time in a
: : residential property you own where you're starting a freelance business,
: : but keep your rent stab.apartment as your primary residency
: : if you live there 3-4 days per week?

: If you're rent controlled or rent stabilized, you're required to maintain
: that unit as your "primary residency" which mean you are allowed to
: have a vacation cottage or other such non-primary residence. It's a
: complicated matter an each case must be viewed on its own, and depends on
: the aggregate of facts. Bottom line that most judges (if it gets to court)
: will look at is where do you spend most of your time. There is no magic
: formula. They look at where do you pay taxes, where are you registered to
: vote, where your cars are registered, etc. Make all those point to your
: primary residence. If you are on the road, or in the military, things like
: that, they look at how your actions indicate your intent. In your case, I
: would spend at least four days/week in your primary residence, commute if
: you need to. But chances are if you return every week (and the super or
: landlord sees you), and you get mail there, things like that, they won't
: even suspect you spend a few days elsewhere.

It sounds to me that you are advocating someone having a "free ride." This
person obviously has enough money to "own" a second residence. It sounds like
this person's intent, is to hold on to an apartment because it is cheap. That is
an injustice to those who truly have need for a cheap apartment. I don't believe
it is very gracious to advocate such "stretching" of the rules.

Tenants rights need to be protected when there is a violation of basic rights, dignities,
etc. I disagree with the Tenant net's position to advocate and aid selfish behavior.
People like that give opposition points of contention to due away with these tenant laws
and protections.

The best way to protect tenant's rights is to advocate and aid those who are being ill treated,
AND admonish those who are riding the wave.

Think about that.

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Comments:
: : : What is the definition of primary residency? Can you reside part-time in a
: : : residential property you own where you're starting a freelance business, 
: : : but keep your rent stab.apartment as your primary residency 
: : : if you live there 3-4 days per week?

: : If you're rent controlled or rent stabilized, you're required to maintain
: : that unit as your "primary residency" which mean you are allowed to
: : have a vacation cottage or other such non-primary residence. It's a
: : complicated matter an each case must be viewed on its own, and depends on
: : the aggregate of facts. Bottom line that most judges (if it gets to court)
: : will look at is where do you spend most of your time. There is no magic
: : formula. They look at where do you pay taxes, where are you registered to
: : vote, where your cars are registered, etc. Make all those point to your
: : primary residence. If you are on the road, or in the military, things like
: : that, they look at how your actions indicate your intent. In your case, I
: : would spend at least four days/week in your primary residence, commute if
: : you need to. But chances are if you return every week (and the super or
: : landlord sees you), and you get mail there, things like that, they won't
: : even suspect you spend a few days elsewhere.

: 
: It sounds to me that you are advocating someone having a "free ride."  This 
: person obviously has enough money to "own" a second residence.  It sounds like
: this person's intent, is to hold on to an apartment because it is cheap.  That is
: an injustice to those who truly have need for a cheap apartment.  I don't believe
: it is very gracious to advocate such "stretching" of the rules. 

: Tenants rights need to be protected when there is a violation of basic rights, dignities,
: etc.  I disagree with the Tenant net's position to advocate and aid selfish behavior.  
: People like that give opposition points of contention to due away with these tenant laws
: and protections.

: The best way to protect tenant's rights is to advocate and aid those who are being ill treated,
: AND admonish those who are riding the wave.  

: Think about that.


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