Posted by Carlson on December 12, 2001 at 17:25:38:
Can a non-primary residence case be successful based on the landlord's
ability to establish that the non-primary residence occurred in some year previous to the current year, even though no claim is made concerning the current year (or other prior year)?
I held onto a NYC rental apartment (rent-stabilized) while spending significant time away from it in 1998, ultimately deciding to stay in NYC. However, having previously leaned toward leaving NYC, in 1998 I filed a non-resident NYS tax return. In 1999 and 2000 I refiled as a NYC/NYS resident.
Could the landlord, if able to determine my non-primary residence for 1998 now build a successful case on that single prior year of non-residency?
(Also, does the law regarding this anywhere state a minimum amoutj of time a tenant must not be a primary resdient in order for a landlord to bring a claim of non-primary residency?
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