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Re: Primary Residency

Posted by TenantNet on August 24, 1997 at 13:45:19:

In Reply to: Primary Residency posted by Melissa on August 23, 1997 at 20:00:11:

: What is the definition of primary residency? Can you reside part-time in a
: residential property you own where you're starting a freelance business,
: but keep your rent stab.apartment as your primary residency
: if you live there 3-4 days per week?

If you're rent controlled or rent stabilized, you're required to maintain
that unit as your "primary residency" which mean you are allowed to
have a vacation cottage or other such non-primary residence. It's a
complicated matter an each case must be viewed on its own, and depends on
the aggregate of facts. Bottom line that most judges (if it gets to court)
will look at is where do you spend most of your time. There is no magic
formula. They look at where do you pay taxes, where are you registered to
vote, where your cars are registered, etc. Make all those point to your
primary residence. If you are on the road, or in the military, things like
that, they look at how your actions indicate your intent. In your case, I
would spend at least four days/week in your primary residence, commute if
you need to. But chances are if you return every week (and the super or
landlord sees you), and you get mail there, things like that, they won't
even suspect you spend a few days elsewhere.

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