Judge Eleanora Ofshtein
Landlord commenced a chronic nonpayment holdover action against rent stabilized tenant Goins arguing tenant was violating a substantial obligation of her tenancy by chronically failing to pay rent on time. Landlord’s notice to tenant to terminate the tenancy referred to seven prior nonpayment suits brought against Goins between 1994 and 2011. Tenant moved to dismiss arguing the petition failed to state a cause of action. The court stated the number of nonpayment proceedings commenced was relevant only in the context of the entire circumstances surrounding the alleged withholding of rent. Tenant argued that of the seven listed nonpayment suits, four were time-barred as they were brought more than six years before service of the petition. The court noted the predicate notice indicated that after the first three cases, a period of seven years passed before landlord filed a fourth case. Thus, landlord’s argument the pattern of repeated nonpayment actions was continuous ignored the seven year gap. The court found tenant, a 28 year resident of the apartment, provided sufficient evidence her nonpayment of rent were justified. It ruled tenant met her burden to warrant summary judgment in her favor dismissing the case.
