Landlord-Tenant—Chronic Rent Delinquency -Six Year Statute of Limitations Does Not Bar Court From Considering Cases That Were More Than Six Years Old—However, Petition Dismissed Because There Had Not Been a Nonpayment Proceeding Commenced In the Prior Six Years and Therefore, Landlord Failed to Establish a “Continuous Pattern”
A landlord commenced a holdover eviction proceeding, alleging that a tenant violated “a substantial obligation of his rent-stabilized lease by being ‘frequently late…causing the landlord to institute numerous non-payment of rent summary proceedings….’” A notice of termination cited 14 nonpayment proceedings which had been commenced against the tenant between 2000 and 2015. The tenant asserted that the petition failed to state a cause of action for chronic rent delinquency and failed to state a cause of action based upon the six-year statute of limitations (SOL). The tenant moved for summary judgment.
