residency and rent stabilization

[Kevin]

We bought a house in VT and have a rent stablizied classic six on the upper west side. We save money in Vt. if we claim the home as our primary residence. If we do so, are we in danger of losing our apt. here? the plan is to keep an office/bedroom/presence in NYC for the foreseeable future.

thanks for the help

[eastsidah]

You must keep your primary residence in NYC in order to keep your apt. That usually means being in the city at least 183 days of each calander year. If the LL seeks to evict on a non-primary residence action the court will look at factors such as where you vote, pay taxes, where automobiles are registered, driver license adress etc. If you plan on claming a homestead exemption in Vermont to lower your property taxes there you can rest assured that this will be used as well. If your landlord is going to go to the trouble to try and evict you then they will probably be willing to pay the few bucks to do a search which will show things like where your cars are registered, where you are liscensed to drive and what the tax status is on your real property.

Have you moved to Vermont? If so you should give up your apartment as the rent laws were not intended to benefit someone in this situation.