Building Had No Certificate of Occupancy

June 30, 2004

LVT Number: 17435

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord and found that tenants owed $10,000 in back rent. Tenants appealed, claiming that as the building had no C of O, they didn't have to pay rent. The appeals court ruled for tenants. A prior court ruling found that the building was a multiple dwelling before December 2002 because it had an illegal basement apartment. Landlord claimed that he had since removed the illegal apartment. But for the period before December 2002, the building needed a C of O for landlord to collect rent.

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord and found that tenants owed $10,000 in back rent. Tenants appealed, claiming that as the building had no C of O, they didn't have to pay rent. The appeals court ruled for tenants. A prior court ruling found that the building was a multiple dwelling before December 2002 because it had an illegal basement apartment. Landlord claimed that he had since removed the illegal apartment. But for the period before December 2002, the building needed a C of O for landlord to collect rent. So tenants didn't have to pay rent for the period between May and December 2002, and the case was sent back for a ruling on how much rent was owed.

Candela v. Fried: NYLJ, 6/2/04, p. 27, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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