Landlord Claims Chronic Nonpayment of Rent

December 1, 1995

LVT Number: 10167

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove that tenant's failure to pay rent was willful, unjustified, without explanation, or intended to harass landlord. Landlord had started three nonpayment proceedings against tenant in a 16-month period. But each of those actions involved either a legitimate dispute as to the correct monthly rent or indicated that the apartment needed repairs.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove that tenant's failure to pay rent was willful, unjustified, without explanation, or intended to harass landlord. Landlord had started three nonpayment proceedings against tenant in a 16-month period. But each of those actions involved either a legitimate dispute as to the correct monthly rent or indicated that the apartment needed repairs.

2675 Creston Associates v. Seldin: NYLJ, p. 25, col. 2 (11/27/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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