No ‘Aggravating Circumstances' in Chronic Nonpayment Case

February 1, 1998

LVT Number: 12070

Landlord sued to evict tenant for nuisance based on chronic nonpayment of rent. The court ruled for landlord, and tenant appealed and won. Landlord didn't show any aggravating circumstances, which is a requirement to get an eviction for chronic nonpayment. The lower court found no intent by tenant to harass landlord. So the court shouldn't have imposed a probationary period on tenant. The eviction warrant was permanently delayed.

Landlord sued to evict tenant for nuisance based on chronic nonpayment of rent. The court ruled for landlord, and tenant appealed and won. Landlord didn't show any aggravating circumstances, which is a requirement to get an eviction for chronic nonpayment. The lower court found no intent by tenant to harass landlord. So the court shouldn't have imposed a probationary period on tenant. The eviction warrant was permanently delayed.

ACP 305 E. 72nd St. Assocs. v. Kokkinogoulis: NYLJ, p. 25, col. 1 (1/13/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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