Claimed Chronic Nonpayment of Rent Didn't Amount to a Nuisance

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had brought five prior nonpayment cases against tenant since 2012. Tenant asked the court to dismiss the case because landlord failed to pursue four of the five prior cases. The court ruled for tenant. Landlord didn't seek to evict tenant for violation of a substantial obligation of tenancy under Rent Stabilization Code (RSC) Section 2524.3(a). Instead, landlord's termination notice stated that the case was brought under RSC Section 2524.3(b), which provides that landlord may evict tenant for creating a nuisance. The facts presented by landlord didn't amount to nuisance, so the case must be dismissed.

Marcello v. Vega: Index No. 71482/16, NYLJ No. 1202787010441 (Civ. Ct. Kings; 3/30/17; Osfhtein, J)