Insufficient Proof of Chronic Nonpayment of Rent

Landlord sued to evict elderly Section 8 tenant for chronic nonpayment of rent. Landlord claimed that, since 1991, it had to sue tenant for nonpayment at least 12 times. The court granted tenant's request to dismiss the case. The statute of limitations barred the court from considering proceedings commenced more than six years before the current claim was filed. So nine of the 12 nonpayment proceedings couldn't be considered in this case. Regarding the three remaining cases, tenant showed that landlord failed to sufficiently establish that tenant had breached a substantial obligation of her lease. In the 2007 nonpayment case, tenant claimed that the rent claimed wasn't the legal rent and there were conditions requiring repair. That case was settled in court. In a 2011 case, tenant claimed that she had paid any rent owed and the case was settled by stipulation that required apartment repairs. Another 2011 nonpayment case resulted in a default judgment against tenant for $1,148, but no further action was taken by landlord. There also was no showing that tenant failed to comply with the settlement agreements in the two other cases. The case was dismissed.

Mins Court Housing Company, Inc. v. Wright: 42 Misc.3d 1214(A), 2014 NY Slip Op 50034(U) (Civ. Ct. Bronx; 1/10/14; Vargas, J)