Insufficient Proof of Chronic Nonpayment of Rent

Landlord sued to evict rent-stabilized tenant in 2013 for chronic nonpayment of rent. Tenant had received a rent subsidy from Housing Stability Plus (HSP), a state program under the Department of Homeless Services. For the first two years of the tenancy, HSP paid tenant's entire monthly rent. But in 2011, the HSP program ended and tenant was unable to obtain either a Section 8 subsidy or public housing. Landlord claimed that it had started seven nonpayment proceedings against tenant between 2007 and 2013. Tenant asked the court to dismiss the case without a trial.

The court ruled for tenant. Two of the seven nonpayment proceedings were commenced more than six years before landlord started the current proceeding and therefore couldn't be considered. Two more of the seven cases relied on didn't involve tenant or tenant's apartment. Of the remaining three cases, one was discontinued, one was settled in court with landlord agreeing to make repairs, and the latest one was settled without any claims about apartment conditions and when several agencies made payments for tenant. This was insufficient to maintain a claim for chronic nonpayment of rent.

Crotona Park Housing LP v. Joseph: Index No. 69605/2013, NYLJ No. 1202670673036 (Civ. Ct. Bronx; 9/22/14; Vargas, J)