Chronic Nonpaying Tenant Evicted

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Since 1983, landlord had to sue tenant eight times to collect the rent owed. Four of these nonpayment proceedings had been brought since 1989. Each time landlord won a court case and tenant was ordered to pay back rent, tenant would start withholding rent again. Tenant made claims about violations and breach of warranty of habitability, but tenant was apparently mentally ill, kept his apartment in a filthy condition, and had no proof of his claims. Protective Services for Adults (PSA) intervened in tenant's case and claimed it would pay tenant's rent in the future. But PSA paid tenant's use and occupancy late while the trial was pending and had made no effort to clean up tenant's apartment. Landlord was entitled to recover the apartment.

Jennie Realty Corp. v. Sandberg: NYLJ, p. 22, col. 6 (11/3/93) (Civ. Ct. Bronx; Heymann, J)