Landlord Can't Object to Tenant's Conduct While Accepting Rent

Landlord sued to evict rent-stabilized tenant for creating a nuisance and breaching a substantial obligation of his lease. Tenant claimed waiver of any objection to tenant's conduct before March 31 because landlord accepted rent from him for the period up until that date. Tenant also claimed waiver because landlord accepted government rent subsidies for tenant's apartment after March 31. The court ruled for tenant. Landlord accepted rent from tenant and had also started and discontinued three prior eviction cases on the same grounds. This showed waiver. But tenant didn't prove that landlord accepted rent subsidies after March 31, and landlord didn't waive the right to object to tenant's conduct occurring after that date.

Jones v. West: NYLJ, 2/23/00, p. 31, col. 2 (Civ. Ct. Kings; Bedford, J)