Trial Needed on Landlord's Chronic Nonpayment Claim

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to commence eight nonpayment proceedings against tenant in housing court between 2006 and 2013. Tenant asked the court to dismiss the case. She claimed that some of the proceedings landlord relied on were too long ago, and that the others either were settled in court by stipulations or involved warranty of habitability issues. The court ruled against tenant. Two of the proceedings were more than six years old and therefore couldn't be considered. Some of the cases didn't involve any claim of needed repairs. In one case that was settled it took tenant six months to pay the back rent owed. It appeared that most of the cases landlord brought were prompted by tenant's lack of funds. A trial was needed to determine the facts.

1975 Realty Associates, LLC v. Castellanos: Index No. L&T 065437/2013, NYLJ 1202677620726 (Civ. Ct. Bronx; 10/27/14; Vargas, J)