Chronic Nonpayment of Rent

January 1, 1996

LVT Number: 10240

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Between January 1993 and December 1994, landlord had to start five nonpayment proceedings to get back rent owed. Tenant had paid no rent since a sixth proceeding was brought in May 1995. Tenant's only defense was that she was unable to pay. She received a shelter allowance from DSS, which she now didn't put toward her rent. In the past her mother had helped her pay back rent, but her mother had now died. Tenant had no legal basis for not paying rent.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Between January 1993 and December 1994, landlord had to start five nonpayment proceedings to get back rent owed. Tenant had paid no rent since a sixth proceeding was brought in May 1995. Tenant's only defense was that she was unable to pay. She received a shelter allowance from DSS, which she now didn't put toward her rent. In the past her mother had helped her pay back rent, but her mother had now died. Tenant had no legal basis for not paying rent. Her chronic nonpayment wasn't limited to one or two isolated incidents. And she was in control of her finances, since she always managed to pay the back rent in the past and later chose not to pay at all.

Coppolechia v. Burgos: NYLJ, p. 27, col. 2 (12/13/95) (Civ. Ct. Bronx; Heymann, J)

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