Building Didn't Have Certificate of Occupancy

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant occupied three rooms on the first floor of the building. The building was originally built as a one-family dwelling before 1930, so no building permit or certificate of occupancy (C of O) was ever issued. The building was constructed with a basement, first and second floor, and attic. Subsequently, the first floor was divided into two apartments, the second floor contained a third apartment, and the basement and attic had rooms; all of these units were rented. Court: The building is a multiple dwelling, given its use. It is occupied without a C of O in violation of Multiple Dwelling Law Section 301. So, landlord is barred from collecting rent while the building is unlawfully occupied. Landlord's petition was dismissed.

Gooden v. Young: Index No. SP5262/92 (2/5/93) (Dist. Ct. Nassau Cty.; Lally, J) [4-page document]