Two very recent decisions issued by the Civil Court—one in New York County1 and another in Kings County2—concern the bringing of holdover proceedings based on chronic non-payment of rent. Since we have not written about this topic in over 12 years (since our June 2002 article in this publication), this column will present a brief overview of the caselaw in this area.
Background
Prior to the Court of Appeals’ 1997 decision in Sharp v. Norwood,3 chronic non-payment situations were addressed based on two approaches. One approach was to bring a holdover proceeding on the ground that the chronic late or non-payment of rent constituted a nuisance warranting eviction. Another approach was to bring a holdover proceeding based on the assertion that the chronic late or non-payment of rent was a breach of a substantial obligation of the tenancy.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
