Landlord claims tenant fraud.

Position:PRIMARY RESIDENCE
 
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Tenants moved into a Mitchell-Lama apartment in 2004. Their application stated that they and their daughter would be the sole apartment occupants and that they intended to use the apartment as their primary residence while still owning a residence in Rockland County. In March 2006, the Mitchell-Lama status ended and the building became rent stabilized. In 2008, landlord sued to evict tenants for nonprimary residence. The case was dismissed on procedural grounds because landlord's nonrenewal notice was untimely.

In 2009, landlord started an ejectment action in State Supreme Court Landlord claimed that tenants committed fraud when they moved in because they didn't use the apartment as their primary residence. Landlord also claimed that tenants' son, who now lived in the apartment, had no succession rights. Landlord argued that tenants violated the Mitchell-Lama Law based on nonprimary residence and therefore should be evicted.

Tenants asked the court to...

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