Landlord Waited Too Long to Seek Eviction

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $73,000 in arrears. Tenant claimed laches--that is, an undue delay in making a claim--and breach of the warranty of habitability. It was undisputed that tenant's legal rent was $1,202 per month and that tenant made some payments while the case was pending. By the time of trial, back rent totalled $49,000.

The court ruled for landlord in part. Tenant demonstrated that there was laches. Landlord didn't adequately explain why it hadn't started nonpayment proceedings earlier. It claimed that it relied on its prior attorney, who failed to proceed. And tenant's sole source of income was SSI in the mount of $797 per month. So tenant was put in the position of impossibility of payment of accrued back rent. The court also gave tenant a 15 percent rent abatement for apartment conditions. After trial, the court awarded landlord a nonpossessory money judgment for $36,000 and a possessory judgment of $9,000 for more recent rent owed. Issuance of the warrant was delayed for five days, and execution stayed through March 31, 2014, to give tenant time to pay.

383 Realty Corp. v. Young: Index No. 89487/11, NYLJ No. 1202640083022 (Civ. Ct. NY; 1/14/13; Hahn, J)