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Non-Primary Residence Holdover Proceedings

In rent stabilized apartments, a landlord must give the tenant 90-150(Ninety to One Hundred Fifty) days notice prior to the expiration of the tenant’s lease in addition to a thirty (30) day notice of termination (both of which may be combined) of the landlord’s intention not to renew the tenant’s lease based on the alleged non-primary residence of tenant.

In all Non-Primary Residence proceedings, landlords seek to evict their rent regulated tenant based on the allegation that the tenant does not occupy the apartment in question as that tenant’s primary residence.

Although no single factor is determinative, the court will take into consideration many factors including but not limited to the following:

  • Where the tenant actually sleeps.
  • Where the tenant actually works.
  • If the tenant is married where does the tenant’s wife reside.
  • Where do the tenant’s children attend school?
  • Address on the tenant’s tax returns.
  • Did the tenant pay New York City and State Residency Taxes?
  • Address on Tenant’s Drivers License.
  • Address on Tenant’s automobile registrations.
  • Address on health club memberships.
  • Address on bank statements.
  • Address on credit card bills.
  • Location of ATM transactions.
  • Location of credit card purchases.
  • Utility usage.
  • Other residences owned by tenant and/or tenant’s spouse or life partner.
  • Jury duty service and locations.
  • Voter’s Registration location and voting record.
  • Frequent Flyer accounts.
  • EZ Pass usage.

Non Primary Residence Proceedings tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary consultations and you are welcome to schedule your complimentary-no obligation consultation by calling us at 212-921-1600.

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