Three words in Letitia James' mortgage contract doom the fraud case against her

[FBaggins]

15. Rent isn't actually part of the charges

it’s briefly mentioned (“renting the property to a family of 3”) in the general allegations section of the indictment. But the actual charges don’t rely on that

1- represented as a secondary residence with no intended or actual use by her
2- would be used as a secondary residence when she knew it was intended and used as an investment property

The other allegation mentioning rent doesn’t really rely on the amount of rent or whether she could rent occasionally. The key to that allegation is that her Scedule E claimed deductions for expenses. The problem there is that doing so requires fewer than 15 days of personal use (or fewer than 10% of actual days rented)… and she declared zero days of personal use.