Landlord's Chronic Nonpayment Claim Insufficient to Warrant Eviction

September 23, 2021

LVT Number: #31581

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that it had commenced five nonpayment proceedings against tenant during a six-year period. Landlord also claimed that tenant withheld rent and contacted government agencies but provided no notice of rent-impairing conditions and no access. Tenant asked the court to dismiss the case. The court ruled for tenant, finding the prior cases insufficient to support landlord's claim.

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that it had commenced five nonpayment proceedings against tenant during a six-year period. Landlord also claimed that tenant withheld rent and contacted government agencies but provided no notice of rent-impairing conditions and no access. Tenant asked the court to dismiss the case. The court ruled for tenant, finding the prior cases insufficient to support landlord's claim. Two of those cases were discontinued or dismissed, and the other three resulted in settlement stipulations requiring landlord to make repairs and give rent abatements.

Prince Holding 2012 LLC v. Simmons: Index No. 067655/19, NYLJ 8/11/21, p. 17, col. 2 (Civ. Ct. NY; 8/6/21; Ofshtein, J)

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