Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024

LVT Number: #33215

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant obtained legal counsel. Tenant then asked the court to dismiss the case, claiming that landlord had failed to properly state the building's rent regulatory status in its court papers and that the proceeding was barred by the Multiple Dwelling Law because there was no certificate of occupancy. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant obtained legal counsel. Tenant then asked the court to dismiss the case, claiming that landlord had failed to properly state the building's rent regulatory status in its court papers and that the proceeding was barred by the Multiple Dwelling Law because there was no certificate of occupancy. The court ruled for tenant and dismissed the case. Landlord had altered apartments in the building from Class B units to Class A units. This required obtaining a new C of O, which landlord didn't do.

True Grp. LLC. v. Espada: Index No. LT-302603-22, NYLJ 5/8/24, p. 17, col. 3, 2024 NYLJ LEXIS 1403 (Civ. Ct. NY; 4/29/24; Ferdinand, J)

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