Primary residence eviction by LL

[newtonyc]

For the past couple of months I have been renting a room from a person who has a rent stabilized apt. The landlord (a company that owns many properties on the west side) has just notified her that they are not going to renew her lease, claiming that it is not her primary residence. She is self employed and usually works a few months every year in another state, being careful not to be gone over 5 months. She owns property in another state, but it was left to her in 1996 when her father died. She has lived in her apt. for over 20yrs. and votes in NY and pays taxes here as well.

I am wondering if anyone has an idea of what the courts look for in matters like these. Is the burden usually on the landlord to prove the person isn't using the apartment as a primary residence? Also, any idea on what a person usually ends up spending defending these types of actions? This landlord has done this to several people in the building and she has heard it can cost upwards of $15k. Also, has anyone ever been able to recover against the landlord for harassment as it seems they are using any pretext to try and evict on non-primary tennacy grounds.

[TenantNet]

Generally courts look at the totality of the evidence. The tenant is not required to reveal information to the LL, but the LL can ask for discovery. Generally, the courts look to see if the tenant has lived in the unit for a minimum 183 days per year. That means actually live and sleep there. Tenants are certainly allowed to own property, but must live in the RS unit. Taxes, voting and drivers license are good to have, but not the only things. The tenant should have records, local receipts from banks, atms, anything that can show the tenant was present at the apartment -- receipts from local businesses. Testimony from neighbors is also important. But to bring the case the LL should have something to hang their hat - they can't just invent things. If on the west side, call Housing Conservation Coordinators at 541-5996 or get an attorney. These cases are very tricky.