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Adam Leitman Bailey, P.C. Uses Social Media to Prove that Tenant Was Not Using Apartment as Primary Residence

By Vladimir Mironenko


Entitlement to a governmentally regulated apartment is strictly governed by statute and a tenant of such an apartment is required to utilize it as his or her primary residence in order to continue to receive the benefit.

Recently, Adam Leitman Bailey, P.C., was called upon to investigate and demonstrate that a granddaughter—who had previously been granted succession rights to an apartment through her grandparents’ residency—was not maintaining the apartment as her primary residence, and therefore, permanently forfeited her “rights” to it.

When a preliminary investigation raised questions as to the granddaughter’s whereabouts, the team meticulously combed through months of Facebook, LinkedIn, Twitter and other electronic records indicating she lived in California. The team then created a detailed timeline evidencing the granddaughter’s residency away from the apartment. Although the respondent, herself an attorney, eventually caught on and attempted to cover her tracks by erasing or altering the damning records, the team’s timely and aggressive research and case preparation sealed the deal.

After presenting the evidence to the trier of fact, the team at Adam Leitman Bailey, P.C., successfully prevailed on its non-primary residence claim against the globe-trotting granddaughter.

Adam Leitman Bailey represented the landlord while Vladimir Mironenko assisted.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS