Judge Marcia J. Sikowitz


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Landlord sought possession of this rent stabilized apartment in this holdover proceeding with the predicate notice alleging tenant Grose violated a substantial obligation of her tenancy to pay rent. Landlord argued it commenced three nonpayment proceedings in six years. Grose moved for summary judgment arguing the nonpayments were not willful, but due to medical set backs and accidents leading to financial set backs. She argued three nonpayment proceedings in a six year tenancy was insufficient to sustain a chronic rent delinquency holdover proceeding. The court found the three proceedings were caused by Grose’s medical condition necessitating her going on disability for months at a time causing her to fall behind on rent. It noted in two of the proceedings Grose received an emergency grant from HRA to pay arrears, and in the third case she paid the arrears from her own income. Also, the court noted the third proceeding contained a claim of needed repairs and access dates in every stipulation and court order. It noted landlord failed to demonstrate Grose’s rent defaults were so unjustified as to warrant a finding she violated a substantial obligation of the tenancy. Thus, Grose’s motion to dismiss the petition was granted.