Chronic Nonpayment Isn't Nuisance

June 30, 1997

LVT Number: 11566

Landlord sued to evict tenant for nuisance based on tenant's chronic nonpayment of rent. Landlord had to start four nonpayment proceedings within one and a half years. The trial court ruled for landlord, and tenant appealed. The appeals court reversed and ruled for tenant. After the trial court decided this case, New York's highest court ruled that unless landlord could show ``aggravating circumstances,'' chronic nonpayment doesn't amount to a nuisance. Landlord can only evict for chronic nonpayment on the ground that tenant has violated a substantial obligation of the tenancy.

Landlord sued to evict tenant for nuisance based on tenant's chronic nonpayment of rent. Landlord had to start four nonpayment proceedings within one and a half years. The trial court ruled for landlord, and tenant appealed. The appeals court reversed and ruled for tenant. After the trial court decided this case, New York's highest court ruled that unless landlord could show ``aggravating circumstances,'' chronic nonpayment doesn't amount to a nuisance. Landlord can only evict for chronic nonpayment on the ground that tenant has violated a substantial obligation of the tenancy.

Century Apts. Assocs. v. Postel: NYLJ, p. 25, col. 2 (6/3/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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