Chronic Nonpayment Proceeding Dismissed

February 1, 2010

LVT Number: #22421

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had brought three nonpayment proceedings against tenant during a two-and-a-half-year period. Tenant claimed that he was justified in withholding rent based on landlord’s breach of the warranty of habitability. The court ruled for tenant and dismissed the case. To prove chronic nonpayment, landlord must show that tenant’s nonpayment was willful, unjustified, without explanation, or intended to harass landlord.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had brought three nonpayment proceedings against tenant during a two-and-a-half-year period. Tenant claimed that he was justified in withholding rent based on landlord’s breach of the warranty of habitability. The court ruled for tenant and dismissed the case. To prove chronic nonpayment, landlord must show that tenant’s nonpayment was willful, unjustified, without explanation, or intended to harass landlord. Since tenant received rent abatements for breach of warranty in two of the three nonpayment cases in question, eviction for chronic nonpayment wasn’t justified.

Ramou Home Corp. v. Jean: NYLJ, 1/6/10, p. 26, col. 3 (Civ. Ct. NY; Marton, J)

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