Landlord Didn't Prove Chronic Nonpayment of Rent

December 1, 2005

LVT Number: 18488

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. Landlord started five nonpayment cases against tenant during a four-year period. But one was dismissed for landlord's failure to appear. And in two of the other cases, tenant claimed a breach of the warranty of habitability. The parties settled with landlord in those two cases, landlord agreeing to make repairs or correct violations. A chronic nonpayment case can't be based on prior cases where tenant had legitimate claims against landlord.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. Landlord started five nonpayment cases against tenant during a four-year period. But one was dismissed for landlord's failure to appear. And in two of the other cases, tenant claimed a breach of the warranty of habitability. The parties settled with landlord in those two cases, landlord agreeing to make repairs or correct violations. A chronic nonpayment case can't be based on prior cases where tenant had legitimate claims against landlord.

Hudson St. Equities v. Circhi: NYLJ, 11/8/05, p. 27, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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