Chronic Nonpayment of Rent

September 30, 1997

LVT Number: 11780

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Rent-controlled tenant had lived in apartment for 34 years. Five nonpayment proceedings were begun over a two-year period when tenant had financial difficulties due to a matrimonial action. Tenant later paid the rent due.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Rent-controlled tenant had lived in apartment for 34 years. Five nonpayment proceedings were begun over a two-year period when tenant had financial difficulties due to a matrimonial action. Tenant later paid the rent due. Whether or not tenant's nonpayment constituted a significant violation of his obligation to pay rent, warranting eviction, was a factual question requiring a trial.

Taylor Estates v. Gordon: NYLJ, p. 27, col. 3 (9/22/97) (App. T. 1 Dept.; McCooe, Freedman, Davis, JJ)

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