Chronic Nonpayment Claim Dismissed

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that seven prior nonpayment proceedings were brought against tenant between 1994 and 2011. Tenant asked the court to dismiss the case, claiming retaliatory eviction and breach of the warranty of habitability. The court ruled for tenant and dismissed the case. Three of the prior nonpayment cases were brought more than six years ago, and there was a seven-year gap between those cases and the later four cases. And in the later four cases, tenant had viable defenses, based on needed repairs and building violations. Prior landlord and tenant had signed settlement agreements in court documenting this. Also, landlord had bought the building in 2011, and the prior nonpayment cases were brought by prior landlords. Tenant's counterclaims were severed without prejudice.

Lincoln Place 1226 Property LLC v. Goins: Index No. 87242/2012, NYLJ No. 1202624453496 (Civ. Ct. Kings; 10/4/13; Ofshtein, J)