Four Nonpayment Cases in Four Years Wasn't Chronic Nonpayment

June 16, 2014

LVT Number: #25582

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had brought four nonpayment proceedings against tenant in four years. The court granted tenant's request to dismiss the case. Only two of the four cases resulted in a judgment against tenant, and tenant had paid all arrears. Tenant also had raised warranty of habitability defenses, which resulted in a DHCR rent reduction order due to violations at the building. Tenant had lived in the building for 20 years.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had brought four nonpayment proceedings against tenant in four years. The court granted tenant's request to dismiss the case. Only two of the four cases resulted in a judgment against tenant, and tenant had paid all arrears. Tenant also had raised warranty of habitability defenses, which resulted in a DHCR rent reduction order due to violations at the building. Tenant had lived in the building for 20 years. The court found that he hadn't breached a substantial obligation of his tenancy.

Kerem Realty v. Hussein: Index No. 91560, NYLJ No. 1202655815017 (Civ. Ct. Kings; 5/7/14; Scheckowitz, J)

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