CHRONIC RENT DELINQUENCY

Spencer Scott Group LLC v. Nahas, Date filed: 2022-01-24, Court: Civil Court, Richmond, Judge: Judge Remy Smith, Case Number: LT-300023-20/RI:

"Chronic Rent Delinquency

Courts have found that the commencement of frequent non-payment proceedings in a short amount of time, due to a tenant’s unjustified failure to pay rent is a viable claim for eviction based on chronic non-payment of rent. See Adam’s Tower Ltd. Partnership v. Richter, 186 Misc.2d 620 (App. Term 1st Dept. 2000) (the court considered the tenant’s “‘long term, unjustified and persistent failure’ to pay rent as it became due” supported an eviction based upon the chronic non-payment of rent because there were nine non-payment proceedings in three years), citing Sharp v. Norwood, 223 A.D.2d 6 (A.D. 1st Dept. 1996); aff’d 89 N.Y.2d 1068 (1997)). See also, Definitions Personal Fitness v. 133 E. 58th St., 107 A.D.3d 617 (1st Dept. 2013) (ten non-payment proceeding in seven years); 2564 Co. v. D’Addario, 35 Misc.2d 176 (App. Term 1st Dept. 2000) (eleven non-payment proceedings in one and a half years).

Here, there is no evidence that petitioner previously commenced nonpayment rent proceeding(s) before commencing this holdover. Given the lack of a history of nonpayment proceedings against respondents, chronic rent delinquency cannot be the basis for commencement of this holdover. Although there is no magic number of proceedings required to maintain a chronic rent delinquency, there must be a history of more than one. See also Sharp v. Norwood, 223 A.D.2d 6 (A.D. 1st Dept. 1996) (In a chronic non-payment of rent holdover proceeding, “there is no ‘magic number’ of prior proceedings required, as each case is sui generis.); 25th Realty Associates v. Griggs, 150 A.D.2d 155 (1st Dept. 1989) (a single non-payment proceeding cannot be the basis of a chronic delinquent holdover)."