The irony is that Sushi is not an inexpensive food.

AN EAST VILLAGE woman won a six-year fight to stay in her rent-stabilized apartment Tuesday thanks in part to her unorthodox “sushi defense.”

Masako Mogi, who has lived in her $992-a-month studio at 409 E. Sixth St. since 1980, was facing eviction due to her landlord’s claim that the below-market digs were not her primary residence.

The landlord had hoped to boot Mogi, renovate the apartment and more than double the rent — the going rate in the chic neighborhood of bars and former cold-water tenements.

The building owner had presented records showing Mogi used a below-average amount of electricity — evidence she spent most of her time in a second home in Westminster, Vt.

But Mogi testified that she often eats out, orders takeout or makes sushi, which doesn’t require much juice.

And her neighbors also testified they saw Mogi in the building “constantly,” swaying the Appellate Division to rule 3-2 in Mogi’s favor.

“I’m so excited I can’t talk. Emotion is taking over me,” Mogi told the Daily News.

"She's overcome," her neighbor, Howard Weil, said as he grabbed the phone. "She's had four landlords during her case. They put her through a lot."

http://www.nydailynews.com/new-york/fishy-sushi-defense-article-1.1173319

The decision is at http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06568.htm

Daily News readers who don't have RS apartments like to think RS is an anti-poverty program, with means tests. It isn't, unless you think the poverty line is $250K per year.

This one could've gone either way; see the dissenting opinion. She lost twice, and got lucky here with her second appeal.

The decision on her first appeal is succinct: "A fair interpretation of the evidence supports the trial court's determination that the rent stabilized tenant did not occupy the subject East 6th Street studio apartment as her primary residence. Landlord established that there was negligible electricity usage in the apartment for more than two years prior to the commencement of this proceeding, and tenant acknowledged that she spends a substantial amount of time in a house she owns in Westminster, Vermont, an address listed on tenant's driver's license and motor vehicle registration and where tenant's long-time companion admittedly primarily resides. To the extent the trial court, in determining tenant's whereabouts, may have placed undue emphasis on documents reflecting the credit card and bank transactions made by tenant and her companion, any such error does not warrant reversal on this record, which otherwise firmly supports the court's ultimate finding of nonprimary residence."

Rent Stabilization may not be means tested, but there are more than a few who have 2nd homes. Hard to see what greater good if any is being served.

Albany figures those RS old-timers make a nice counterpoint to the poor saps in that building paying $3K to live on E 6th and First Ave., across from what looks like a project.

The anti-RS cause would be helped if the landlords themselves weren't divided on the issue.

The landlords with no RS apartments would get creamed, if RS disappeared and market rents went down.

Many are RS but at market rates, in return for tax breaks. If RS went, the breaks would too, and they'd be double-screwed.

The winners would be those whose ratio of RS to market units is such that RS going to market and the market going down would work.

We're all wanking anyway, as none of it's going to happen. RC/RS will just continue to erode away, giving the RE industry plenty of time to adjust.

Well, nope. That would be me. Selling AAPL at multi-year low, shorting financials in 2009. And owning real estate.

Amazing that the city forces cheap rent to individuals who own second properties. Nothing says "can afford your own place" better than buying a vacation house.

Using less electricity than average means that you don't live there? What a simple-minded way of looking at things. Now if she'd shown *zero* usage for seven consecutive months each year, then it might look like she lives somewhere else. Just consuming less than most people means nothing -- my partner and I consume about 100 kWh per month living in our apartment full-time!

And bank and credit card records? In Ms. Mogi's birth country, Japan, most people use cash for all daily expenses and there are many adults who have never used a credit card. Someone Ms. Mogi's age might well not have one. And if her second home is up in Vermont, where there isn't an ATM on every street corner, of course the majority of her bank withdrawals are going to be in New York.

That having been said, I wish they would have looked at patterns of electricity usage rather than average usage. It would be unfortunate if she in fact lived in Vermont most of the time and were scamming her landlord. I just don't like the way in which the attempts to confirm her residence were made.

congrats to this woman and i hope she can finally get some well deserved peace in her own home.

Using less electricity than normal is anecdotal evidence and reasonable as such but only a piece of the puzzle. Clearly the judge was more swayed by the neighbors testifying on her behalf.

"Amazing that the city forces cheap rent to individuals who own second properties. Nothing says "can afford your own place" better than buying a vacation house."

THANK YOU.

I don't care how much or how little time she spends at her "second" home. Just HAVING a second home is proof positive that she doesn't NEED landlord-subsidized housing.

Truth, Wonder if she ordered from Jewel Bako?
Payin three figures for rent leaves a lot of funds for good food.