Landlord Can Claim Chronic Nonpayment of Rent Creates a Nuisance

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it commenced 11 nonpayment proceedings against tenant over 13 years. The court denied tenant's request to dismiss the case. Tenant claimed that landlord improperly claimed that the chronic nonpayment caused a nuisance. But causing landlord to commence multiple proceedings could constitute a nuisance warranting eviction if not adequately explained. Landlord also was entitled to make the nuisance claim under Rent Stabilization Code Section 2524.3(b). Tenant also claimed that some of the prior nonpayment cases landlord relied on were more than six years old. But there was no statute of limitations barring consideration of these cases in the chronic nonpayment proceeding.

3510 Realty Corp. v. Matos: Index No. 8901/19, NYLJ No. 1572250840 (Civ. Ct. Bronx; 10/10/19; Ibrahim, J)