Basement Illegally Occupied

August 31, 1993

LVT Number: 8151

Landlord sued to evict tenant. The court ruled for tenant. The building was a two-family house with an illegal third apartment in the basement. Although tenant didn't live in the illegal apartment, the existence of the third apartment required landlord to register the building as a multiple dwelling. Without proper registration of the building, landlord couldn't maintain a holdover proceeding.

Landlord sued to evict tenant. The court ruled for tenant. The building was a two-family house with an illegal third apartment in the basement. Although tenant didn't live in the illegal apartment, the existence of the third apartment required landlord to register the building as a multiple dwelling. Without proper registration of the building, landlord couldn't maintain a holdover proceeding.

Manabhal v. Talavera: NYLJ, p. 24, col. 3 (8/18/93) (Civ. Ct. Kings; Gische, J)

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