Building Has No C of O

December 1, 2004

LVT Number: 17749

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a C of O. The court ruled for tenant in part. Under Multiple Dwelling Law Section 302(1)(b), landlord can't collect unpaid rent if the building doesn't have a valid C of O. The building had a temporary C of O that expired on Feb. 26, 2004. In May, a new temporary C of O was denied because of failure to perform an elevator test in the commercial section of the building. On July 12, a temporary C of O was issued for the residential part of the building.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a C of O. The court ruled for tenant in part. Under Multiple Dwelling Law Section 302(1)(b), landlord can't collect unpaid rent if the building doesn't have a valid C of O. The building had a temporary C of O that expired on Feb. 26, 2004. In May, a new temporary C of O was denied because of failure to perform an elevator test in the commercial section of the building. On July 12, a temporary C of O was issued for the residential part of the building. This temporary C of O expired on Oct. 12. So landlord couldn't collect rent from Feb. 27 through July 11 or after Oct. 12.

Mazal Group LLC v. Anthony Clay & Webemerge: NYLJ, 11/24/04, p. 22, col. 3 (Civ. Ct. NY; Schreiber, J)

Topics

More like this