Chronic Nonpayment Claim Dismissed

September 26, 2014

LVT Number: #25762

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant in turn sought $10,000 in damages for apartment conditions. Landlord had brought three prior nonpayment proceedings against tenant between 2012 and 2013. All were settled. Tenant asked the court to dismiss the case without a trial. He claimed that three nonpayment proceedings in a three-year period weren't grounds enough for eviction based on chronic nonpayment. And, tenant claimed, in at least two of those cases he legitimately withheld rent due to a lack of heat and a disputed DHCR rent overcharge finding.

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant in turn sought $10,000 in damages for apartment conditions. Landlord had brought three prior nonpayment proceedings against tenant between 2012 and 2013. All were settled. Tenant asked the court to dismiss the case without a trial. He claimed that three nonpayment proceedings in a three-year period weren't grounds enough for eviction based on chronic nonpayment. And, tenant claimed, in at least two of those cases he legitimately withheld rent due to a lack of heat and a disputed DHCR rent overcharge finding. The court ruled for tenant. The prior proceedings were insufficient to establish a history of repeated nonpayment of rent that rose to a breach of a substantial obligation of the tenancy.

Chin Cano Realty Corp. v. Roa: Index No. 76032/13, NYLJ No. 1202665682144 (Civ. Ct. NY; 7/18/14; Spears, J)

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