Trial Required on Landlord's Chronic Nonpayment Claim

July 31, 1998

LVT Number: 12565

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant claimed that he always paid rent but that landlord sometimes refused to accept it. Tenant asked the court to dismiss the case. The court ruled that a trial was needed. Landlord claimed that it had brought at least three summary proceedings against tenant during the past 12 years, and at least two of the cases were started within nine months before landlord started the chronic nonpayment case. All of the facts and circumstances would be considered to determine whether there was chronic nonpayment of rent in this case.

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant claimed that he always paid rent but that landlord sometimes refused to accept it. Tenant asked the court to dismiss the case. The court ruled that a trial was needed. Landlord claimed that it had brought at least three summary proceedings against tenant during the past 12 years, and at least two of the cases were started within nine months before landlord started the chronic nonpayment case. All of the facts and circumstances would be considered to determine whether there was chronic nonpayment of rent in this case.

Fleetwood BJR, LLC v. Crooks: NYLJ, p. 32, col 6 (7/22/98) (City Ct. Mt. Vernon; Seiden, J)

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