Tenant Had Financial Problems

March 1, 1995

LVT Number: 9510

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant argued that he was temporarily unable to pay the rent due to financial problems. The court ruled for tenant, and landlord appealed. Tenant wins. Tenant had paid his rent on time for nine years before his financial problems started. Since tenant proved that his temporary financial problems were the only cause of his inability to pay the rent, his conduct wasn't enough to qualify as a nuisance.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant argued that he was temporarily unable to pay the rent due to financial problems. The court ruled for tenant, and landlord appealed. Tenant wins. Tenant had paid his rent on time for nine years before his financial problems started. Since tenant proved that his temporary financial problems were the only cause of his inability to pay the rent, his conduct wasn't enough to qualify as a nuisance.

Giffuni Brothers v. Tracey: NYLJ, p. 25, col. 2 (2/7/95) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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