Chronic Nonpayment of Rent

July 31, 1997

LVT Number: 11643

Landlord sued to evict tenant for nuisance based on tenant's chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. Landlord had started five nonpayment proceedings within a two-year period. Three of those cases were resolved before any court appearances, and two were resolved by stipulation, which made reference to needed repairs. Tenant received a shelter allowance from the DSS and had encountered financial difficulties in the past when her husband moved out and her mother died.

Landlord sued to evict tenant for nuisance based on tenant's chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. Landlord had started five nonpayment proceedings within a two-year period. Three of those cases were resolved before any court appearances, and two were resolved by stipulation, which made reference to needed repairs. Tenant received a shelter allowance from the DSS and had encountered financial difficulties in the past when her husband moved out and her mother died. Tenant's conduct didn't amount to nuisance since there were no "aggravating circumstances" and no proof that tenant's nonpayment interfered with landlord's use and enjoyment of the property.

Coppolechia v. Burgos: NYLJ, p. 21, col. 3 (7/23/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)

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