Building Not Multiple Dwelling

August 31, 2005

LVT Number: 18298

Landlord sued to evict tenant for nonpayment of rent. Landlord's court papers stated that the building wasn't a multiple dwelling. Tenant asked the court to dismiss the case, claiming that this was incorrect. The court ruled for tenant. Landlord appealed and won. The building was a house with one separate basement apartment. Tenant rented the whole house from landlord and sublet the basement. The certificate of occupancy in effect when landlord started the case permitted the building to be used as a multiple dwelling. But this didn't make the building a multiple dwelling.

Landlord sued to evict tenant for nonpayment of rent. Landlord's court papers stated that the building wasn't a multiple dwelling. Tenant asked the court to dismiss the case, claiming that this was incorrect. The court ruled for tenant. Landlord appealed and won. The building was a house with one separate basement apartment. Tenant rented the whole house from landlord and sublet the basement. The certificate of occupancy in effect when landlord started the case permitted the building to be used as a multiple dwelling. But this didn't make the building a multiple dwelling. In addition, a new certificate of occupancy that was issued later indicated that the building wasn't a multiple dwelling.

Flaig v. Katsaros: NYLJ, 8/10/05, p. 27, col. 4 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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