Landlord Can't Evict Tenant for Chronic Nonpayment

June 30, 2009

LVT Number: #22003

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that tenant's nonpayment created a nuisance and also substantially violated the terms of tenant's lease. The court ruled against landlord and dismissed the case. Landlord failed to show that tenant's nonpayment rose to the level of nuisance. And although landlord claimed that it had to start five eviction proceedings against tenant between 2002 and 2007 based on nonpayment, three of those cases were settled by stipulation in court.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that tenant's nonpayment created a nuisance and also substantially violated the terms of tenant's lease. The court ruled against landlord and dismissed the case. Landlord failed to show that tenant's nonpayment rose to the level of nuisance. And although landlord claimed that it had to start five eviction proceedings against tenant between 2002 and 2007 based on nonpayment, three of those cases were settled by stipulation in court. Landlord couldn't rely on those cases for the current chronic nonpayment claim, and otherwise there were insufficient facts to support the case.

127th Street Cluster LP v. Brown: NYLJ, 6/26/09, p. 27, col. 1 (Civ. Ct. NY; Martino, J)

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