Landlord's Chronic Nonpayment Claim Against Tenant Dismissed

September 25, 2018

LVT Number: #28653

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant between 2010 and 2012. Tenant asked the court to dismiss the case, and the court ruled against landlord. Five of the seven prior nonpayment proceedings in question either were not pursued or were discontinued. In three of the cases, tenant didn't answer the petition and landlord didn't seek a default judgment.

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant between 2010 and 2012. Tenant asked the court to dismiss the case, and the court ruled against landlord. Five of the seven prior nonpayment proceedings in question either were not pursued or were discontinued. In three of the cases, tenant didn't answer the petition and landlord didn't seek a default judgment. In one case, tenant didn't answer, landlord's request for a default judgment was denied, and landlord took no further action. Landlord also didn't show proof of the claimed rent defaults.

Eva Stern 500 LLC v. Streat: Index No. 86014/2016, NYLJ No. 1534019446 (Civ. Ct. Kings; 8/6/18; Weisberg, J)

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