Landlord Accepted Late Payments from DSS

March 1, 2000

LVT Number: 13955

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had been getting public assistance since 1993 and that landlord accepted rent checks directly from DSS. Tenant also claimed that the payments came in two parts; at the beginning and end of the month. Since landlord had been accepting these payments for a number of years, tenant claimed waiver. The court ruled against tenant. Tenant didn't show that landlord voluntarily and intentionally gave up its right to get rent on the first day of the month, as provided for in tenant's lease.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had been getting public assistance since 1993 and that landlord accepted rent checks directly from DSS. Tenant also claimed that the payments came in two parts; at the beginning and end of the month. Since landlord had been accepting these payments for a number of years, tenant claimed waiver. The court ruled against tenant. Tenant didn't show that landlord voluntarily and intentionally gave up its right to get rent on the first day of the month, as provided for in tenant's lease. Landlord had also started prior nonpayment cases on this basis, showing its efforts to enforce the lease terms.

Spring Creek Assocs. L.P. v. Williams: NYLJ, 2/16/00, p. 31, col. 2 (Civ. Ct. Kings; Jimenez, J)

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