Katz Park Avenue Corp. v. Jagger

OPINION OF THE COURT

Smith, J.

We hold that, at least in the absence of unusual facts, a foreign national who is in the United States on a tourist visa cannot meet the “primary residence” requirement of New York City’s rent regulations.

Defendant’s landlord brought this ejectment action to remove her from a rent stabilized apartment in Manhattan. The landlord alleged that “the Premises are not occupied ... as the Tenant’s primary residence.” In support of a motion for summary judgment, the landlord submitted photocopies of pages from defendant’s passport, showing that she is a British citizen…