A tenant who repeatedly paid her rent late because her apartment needed repairs was able to make a bona fide habitability claim in an eviction proceeding for chronic late payments, a Housing Court judge wrote in an order granting the tenant’s motion for summary judgment.
Judge Anne Katz, sitting in Manhattan, wrote in MRS II Realty LLC v. Guzman, 88223/13, wrote that, for a landlord to evict a tenant for chronic nonpayment of rent, the landlord must show that it had to bring numerous nonpayment cases against the tenant within a relatively short time.
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