Building Lacks MDR & C of O

June 30, 2003

LVT Number: 16669

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent and to move out in six months. Tenant later asked the court to vacate the settlement agreement. The building was a two-family house that landlord had divided into four apartments without getting a C of O. So the building was, in fact, a multiple dwelling without a C of O or multiple dwelling registration. The court ruled for tenant in part. These violations bar collection of rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent and to move out in six months. Tenant later asked the court to vacate the settlement agreement. The building was a two-family house that landlord had divided into four apartments without getting a C of O. So the building was, in fact, a multiple dwelling without a C of O or multiple dwelling registration. The court ruled for tenant in part. These violations bar collection of rent. So the portion of the agreement giving landlord a money judgment was vacated. But the portion of the agreement giving landlord a possessory judgment remained in effect.

Meaders v. Jones: NYLJ, 6/30/03, p. 32, col. 1 (App. T. 2 Dept; Pesce, JP, Golia, Rios, JJ)

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