Cash Out Refinance question on a rental property

This may be a silly question.  I have a house that I have rented out for 3 years.  I am trying to pull out 100K in equity which I was approved to do.  They are asking me If its my primary house.  Well yes, I homesteaded it but I do not live in it anymore- I bought another house in which I live. Everytime I have told a bank or anyone its a rental property I am unable to pull out enough equity.  Am I allowed to do this process saying its my primary and I do not rent so I can get out the equity or am I committing some sort of crime if I do this?  HELP!