Landlord Delayed in Seeking Rent Due

Facts: Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord had applied to the DHCR for permission to evict tenant so it could recover her apartment for owner occupancy. After filing the application in June 1992, landlord began refusing tenant's rent payments. Two years later, the DRA denied landlord's eviction application because landlord hadn't collected rent for these two years. Instead, landlord appealed the DRA's order and five months later sued tenant for nonpayment. Tenant claimed landlord had waited too long to seek the back rent owed. Court: Landlord loses. Landlord had put tenant in a position where she didn't have the back rent to pay. Tenant had lived in the apartment over 40 years and received a government subsidy. Landlord had no reasonable excuse for delay in seeking rent, as there was no legal requirement to refuse rent while the DHCR application was pending. Landlord claimed it was afraid of giving up its rights during this period and that it was advised by an attorney to refuse rent payments. This advice was wrong and didn't excuse landlord's delay. Landlord could pursue his claim only for rent owed from June 1992 through January 1994.

Pristouris v. Berardi-Hans: NYLJ, p. 29, col. 6 (6/7/95) (Civ. Ct. Kings; Lau, J)