Landlord's Chronic Nonpayment Claim Dismissed for Insufficiency

August 18, 2016

LVT Number: #27145

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that due to nonpayment, it had to start nonpayment proceedings against tenant in 2008, 2009, 2013, and 2014. Tenant asked the court to dismiss the case. The court ruled for tenant. The 2008 and 2009 cases couldn’t be considered because they occurred more than six years before landlord started the case based on chronic delinquency.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that due to nonpayment, it had to start nonpayment proceedings against tenant in 2008, 2009, 2013, and 2014. Tenant asked the court to dismiss the case. The court ruled for tenant. The 2008 and 2009 cases couldn’t be considered because they occurred more than six years before landlord started the case based on chronic delinquency. The remaining proceedings, showing that landlord sued tenant for nonpayment twice in two years, were insufficient to prove breach of a substantial obligation of the tenancy. 

 

 

 

 

 

Harlan Housing Assoc. v. Reeves: Index No. 251804/15, NYLJ No. 1202763654502 (Civ. Ct. NY; 6/27/16; Leverett, J)

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