Landlord Waited Too Long to Seek Rent Arrears

Landlord sued to evict elderly, low-income tenant for nonpayment of rent. Due to an accounting error, landlord had undercharged, and tenant had underpaid, tenant’s SCRIE credit for the period between February 2012 and December 2013. Landlord now claimed that tenant owed over $10,000 in back rent. Tenant asked the court to dismiss the case. The court ruled for tenant in part based on landlord’s stale claim. Landlord may have had a valid claim for the back rent but delayed more than two years without excuse. Landlord also gave tenant no notice of its claim before sending the rent demand and starting the nonpayment proceeding. Tenant also was prejudiced by the proceeding. She was a senior citizen on a fixed income with no savings or significant resources to pay the large arrears now accumulated. Even if tenant were to apply to HRA for financial assistance, there was no guarantee she would receive it. Landlord could maintain the claim for the back rent owed going back only to May 2014.

1515 Macombs, LLC v. Jackson: 2015 NY Slip Op 25388, 2015 WL 7434481 (Civ. Ct. Bronx; 11/23/15; Vargas, J)