Landlord Delayed Seeking Tenant's Eviction for Chronic Nonpayment

December 1, 1996

LVT Number: 11053

Landlord NYCHA sued to evict tenant for chronic nonpayment of rent. NYCHA had terminated the tenancy on this basis in an administrative proceeding. The court ruled against landlord. Landlord waited four and a half years after its ruling to bring the eviction action. In addition, in the meantime tenant had given up the right to manage her finances, and the NYC Department of Social Services Protective Services for Adults (PSA) program now paid tenant's rent directly to landlord.

Landlord NYCHA sued to evict tenant for chronic nonpayment of rent. NYCHA had terminated the tenancy on this basis in an administrative proceeding. The court ruled against landlord. Landlord waited four and a half years after its ruling to bring the eviction action. In addition, in the meantime tenant had given up the right to manage her finances, and the NYC Department of Social Services Protective Services for Adults (PSA) program now paid tenant's rent directly to landlord. Landlord had agreed to this arrangement, and tenant's rent had been paid on time since PSA began making the payments.

NYCHA v. Falleder: NYLJ, p. 29, col. 5 (11/27/96) (Civ. Ct. NY; Malatzky, J)

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