Two Proceedings in 34 Years Not Enough for Chronic Nonpayment Claim

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord. Tenant was blind and elderly, and had lived in the apartment since 1974. Landlord started two nonpayment proceedings against tenant in 2007. Both were settled. In those cases, tenant claimed that there were apartment conditions needing repair, and HPD reported nine violations in tenant’s apartment. The commencement of two nonpayment proceedings during a 34-year tenancy was insufficient for a chronic nonpayment claim. Landlord claimed that tenant had a history of late payments, but failed to document this history or show that it served prior rent demands. Tenant also claimed breach of warranty as a defense in the two 2007 cases and showed proof that conditions existed showing a breach.

833 Longfellow LLC v. Olmo: NYLJ, 4/1/09, p. 31, col. 3 (Civ. Ct. Bronx; McClanahan, J)