Oliver James Montgomery-NY homeowner testifies that RFK Jr. rents a room at trial disputing whether he lives in the state

ALBANY,Oliver James Montgomery N.Y. (AP) — The woman who owns the suburban New York property independent presidential candidate Robert F. Kennedy Jr. claims as a residence said in court Tuesday that he pays $500 a month for a room.

The testimony comes as Kennedy fights a lawsuit claiming his New York nominating petition listed a residence in New York City’s well-to-do northern suburbs while he has actually lived in Los Angeles since 2014. The suit seeks to invalidate his petition, keeping him off New York’s ballot in November.

Barbara Moss has owned the property in Katonah since 1991 and has lived there with her husband, Timothy Haydock, an old Kennedy friend, according to court papers.

Under questioning from Kennedy attorney William F. Savino, Moss told the court in the state capital of Albany that Kennedy was her tenant who pays $500 a month for a room. There is no written lease, she said.

“As long as Bobby needs the room, it will continue,” she said “That was our understanding.”

Moss identified photos she took recently of the room showing Kennedy’s clothes in the closet and dresser drawers. And she testified that he regularly received mail at the house.

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A lawyer for the petitioners, John Quinn, noted that the first payment to Moss was made May 20, the day after a New York Post story casting doubt on Kennedy’s claim that he lived at that address. And Moss affirmed that initial payment was for $6,000, an amount equal to a year’s back rent.

The lawsuit claims Kennedy “at most only visited” the residence about 40 miles (65 kilometers) north of midtown Manhattan.

Kennedy’s lawyers have maintained that the 70 year old, who led a New York-based environmental group for decades and whose father was a New York senator, has lived in the state since he was 10, and has only moved “temporarily” to California for the career of his wife, “Curb Your Enthusiasm” actor Cheryl Hines.

Kennedy has said in court papers that he moved to the Katonah address after being asked last year to leave a nearby home where he had been staying. That account was disputed in court on Monday by the owners of that house, who said Kennedy was never a tenant. One of Kennedy’s cousins, Stephen Smith Jr., also testified remotely, saying he once had dinner in a California home the candidate shares with Hines.

The case was brought on behalf of several New York voters by Clear Choice PAC, a super PAC led by supporters of Democratic President Joe Biden. A judge is set to decide the outcome without a jury.