Landlord Can Evict Tenant for Chronic Nonpayment of Rent

Landlord, a cooperative HDFC, sued to evict month-to-month tenant for good cause after sending tenant a 30-day tenancy termination notice. The court ruled for landlord after a trial. Tenant moved into the building in January 2013 and paid two months' security deposit and one month's rent at the rate of $950. Tenant didn't pay rent for February 2014, paid rent from March through June, didn't pay rent for July or August, paid in September, but again failed to pay for October through December 2013. Tenant's rent arrears for 2013 were $4,725. Unlike chronic nonpayment cases involving rent-stabilized tenants, landlord HDFC didn't have to prove that it brought a series of prior nonpayment proceedings against tenant. Landlord only had to prove good cause for terminating the tenancy. The court ruled for landlord and gave tenant until Nov. 28 to move out, provided that she pay August use and occupancy within 10 days, and use and occupancy for September through November by the 20th day of the month. The fact that landlord had started a separate nonpayment proceeding against tenant didn't matter. That case sought rent due only through February 2014, a period prior to the termination of the tenancy.

207-213 West 144th Street HDFC v. Jenkins: 2014 NY Slip Op 51300(U), 2014 WL 4210146 (Civ. Ct. NY; 8/25/14; Kraus, J)