Chronic Nonpayment of Rent

January 1, 2005

LVT Number: 17788

Landlord NYCHA terminated public housing tenant's tenancy based on chronic nonpayment of rent. Tenant appealed and lost. Tenant signed a settlement agreement in a prior eviction case. She agreed to make sure her rent got paid on time. Tenant claimed that DSS stopped paying her rent after she missed a meeting with that agency because of a job interview. But tenant understood the importance of meeting with DSS, didn't try to reschedule the job interview, never followed up with DSS, and never contacted landlord.

Landlord NYCHA terminated public housing tenant's tenancy based on chronic nonpayment of rent. Tenant appealed and lost. Tenant signed a settlement agreement in a prior eviction case. She agreed to make sure her rent got paid on time. Tenant claimed that DSS stopped paying her rent after she missed a meeting with that agency because of a job interview. But tenant understood the importance of meeting with DSS, didn't try to reschedule the job interview, never followed up with DSS, and never contacted landlord.

Davis v. Hernendez: NYLJ, 12/9/04, p. 27, col. 5 (App. Div. 1 Dept.; Nardelli, JP, Mazzarelli, Andrias, Friedman, Gonzalez, JJ)

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