Oct 19, 2007, 12:30 GMT
Bianca Jagger is being evicted from her New York apartment because she only has a tourist visa.
10/15/2007 - Bianca Jagger - © Solarpix / PR Photos
The Supreme Court Appellate Division ruled the ex-wife of Rolling Stone Mick Jagger - a native of Nicaragua, and a British citizen - could not have a New York address as her primary residence as she only holds a B-2 tourist visa for the US.
Appeal judges reached a 3-2 decision in agreement with Katz Park Avenue Corporation - who own the rent-stabilised apartment - that Bianca's tourist status did not comply with the immigration statute's residence rules.
The ruling overturned a decision made earlier this year by Justice Leland DeGrasse, and the case was sent back to DeGrasse to determine how much Bianca owes in back rent and legal fees.
The 62-year-old beauty withheld rent payments and sued Katz in 2003 claiming toxic mould had made the 18th-floor apartment uninhabitable and had damaged her health.
Bianca - who also has at least one residence in London's wealthy Belgravia area - had been renting the Park Avenue space for $4,614 a month and had lived there for 20 years.
Her lawyer, Ryan Goldstein, branded Katz's lawsuit a "retaliation" against her suing for damages.
Bianca's personal injury lawsuit against Katz over the mould is still pending.
Now she has been evicted, Katz is able to raise the monthly rent. The amount a landlord can charge for a rent-stabilised apartment is fixed by law, but once a tenant vacates the flat, the landlord can raise the rent to the market rate.
(C) BANG Media International
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