After some 25 years, Masako Mogi risked losing her rent-stabilized apartment because it supposedly wasn't being used as her primary residence. The landlord claimed that Mogi had relocated to Westminster, Vermont, where she shared a cabin with a friend.
In addition to arguing that Mogi spent most of her time in Vermont, that she had a Vermont driver's license, and co-owned a vehicle that was registered and insured in Vermont, the landlord also presented witnesses who testified that the unit's utility usage was well below average for a comparably-sized residence. The landlord also pointed to Mogi's credit card and bank records--which suggested that she spent the majority of her time outside of New York.
In response, Mogi testified that her utility usage had been pretty constant throughout her entire tenancy, and that her lower-than-average consumption was due to her preference to eat out, order in, or prepare sushi. Three neighbors also testified that Mogi had been seen at the apartment throughout 2004 through 2006—the operative timeframe in this particular case. And, as far as her financial records were concerned, Mogi countered that she shared the accounts with her companion and was able to point to Vermont transactions that occurred while Mogi was out of the country.
While both the New York County Civil Court, and the Appellate Term, First Department, found in the landlord's favor, the Appellate Division, First Department, ended up throwing the case out. It thought the record demonstrated that Mogi had maintained "a substantial physical nexus" or connection with her regulated apartment and had adequately rebutted the issues raised by the landlord.
Domo arigato.
To view a copy of the Appellate Division's decision, please use this link: 409-411 Sixth St., LLC v. Mogi