Landlord Claims Chronic Nonpayment of Rent

April 1, 1995

LVT Number: 9563

Landlord sued to evict rent-stabilized tenant for nuisance based on tenant's chronic nonpayment of rent. The court ruled against landlord. Under the Rent Stabilization Code, nuisance is the malicious or grossly negligent causing of substantial damage to the apartment or building or engaging in a course of conduct intended to harass landlord or other tenants by interfering substantially with their comfort or safety. The fact that landlord had started six nonpayment proceedings against tenant isn't enough for an eviction based on nuisance.

Landlord sued to evict rent-stabilized tenant for nuisance based on tenant's chronic nonpayment of rent. The court ruled against landlord. Under the Rent Stabilization Code, nuisance is the malicious or grossly negligent causing of substantial damage to the apartment or building or engaging in a course of conduct intended to harass landlord or other tenants by interfering substantially with their comfort or safety. The fact that landlord had started six nonpayment proceedings against tenant isn't enough for an eviction based on nuisance.

Beach Haven Apts. Inc. v. Murray: NYLJ, p. 30, col. 1 (3/1/95) (Civ. Ct. Kings; Lau, J)

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