Prior Nonpayment Cases Don't Support Chronic Nonpayment Claim
LVT Number: #26638
Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it had to bring three nonpayment proceedings against tenant to recover rent arrears. Tenant argued that he had valid defenses in each of those cases. The court ruled for tenant and dismissed the case. In each of the three nonpayment cases, tenant claimed breach of the warranty of habitability. In the first case, tenant was awarded a substantial rent abatement. The second case was discontinued. And a third case resulted in a settlement agreement listing 25 conditions needing repair. Under the circumstances, these cases didn’t support a claim for chronic nonpayment.
Westchester Square Plaza Realty, LLC v. Flete: L&T 28146/15, NYLJ 1202739515138 (Civ. Ct. Bronx; 9/23/15; Doherty, J)