Late Payment Caused by Delay in Getting Alimony Check

March 1, 1995

LVT Number: 9507

Landlord sued to evict rent-controlled tenant for nuisance, claiming that she routinely paid her rent late. Tenant argued that she'd lived in the apartment for 34 years, and had paid the rent every month. But, she claimed that she couldn't pay the rent due on the first of the month because of a delay in getting her alimony checks. The court ruled for tenant, and landlord appealed. Landlord argued that tenant repeatedly paid the rent late, resulting in two prior nonpayment proceedings that were brought against her. The appeals court also ruled for tenant.

Landlord sued to evict rent-controlled tenant for nuisance, claiming that she routinely paid her rent late. Tenant argued that she'd lived in the apartment for 34 years, and had paid the rent every month. But, she claimed that she couldn't pay the rent due on the first of the month because of a delay in getting her alimony checks. The court ruled for tenant, and landlord appealed. Landlord argued that tenant repeatedly paid the rent late, resulting in two prior nonpayment proceedings that were brought against her. The appeals court also ruled for tenant. Tenant's late payments weren't enough to sustain a nuisance charge. She always paid her rent in the month it was due, and the two prior nonpayment cases had been dismissed because tenant paid all the rent due.

Sharp v. Norwood: NYLJ, p. 25, col. 2 (2/8/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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