In the context of a summary nonpayment proceeding seeking possession of the premises, one of the equitable defenses which a tenant may raise is that the landlord’s claim for rent was “stale” based on the landlord’s delay in enforcing the claim. Under the concept of “stale rent,” where a landlord fails for a significant period of time to bring a nonpayment proceeding with respect to unpaid rent, the landlord will lose the right to obtain possession of the premises based on the “stale” portion of the claim. However, where the landlord demands the issuance of a money judgment in the notice of petition and petition and only a portion of the amount demanded is “stale,” the landlord typically may pursue the stale portion of the rent claim as a plenary action, with the portion of the rent which is not stale being part of a judgment of possession.

“Pough”

A recent illustration of this concept was the subject of an August 2018 decision by Housing Court Judge Krzysztof Lach of Civil Court, Bronx County in Webster Ave. Holdings v. Pough, Index No. L&T 052920/2017 (Civ. Ct. Bronx Co. 8/15/18).