Insufficient Proof of Chronic Nonpayment of Rent

March 31, 2008

LVT Number: #20308

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant. To evict for chronic nonpayment, landlord must show that it was compelled to bring a number of nonpayment proceedings against tenant within a short period of time. Landlord also must show that tenant's nonpayment was willful or unjustified. In this case, landlord sued tenant for nonpayment five times between March 2004 and February 2006. But the first case was dismissed based on landlord's default.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant. To evict for chronic nonpayment, landlord must show that it was compelled to bring a number of nonpayment proceedings against tenant within a short period of time. Landlord also must show that tenant's nonpayment was willful or unjustified. In this case, landlord sued tenant for nonpayment five times between March 2004 and February 2006. But the first case was dismissed based on landlord's default. The second and third cases were settled in court by stipulations. Landlord didn't pursue the fourth case. And landlord stipulated to discontinue the fifth case.

Uptown Realty Unlimited LLC v. Flores: NYLJ, 3/19/08, p. 30, col. 3 (Civ. Ct. NY; Marton, J)

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