C of O Issued Before Start of Nonpayment Case

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord was barred by not having an effective certificate of occupancy (C of O). The building complex contained four separate buildings. In December 1979, one building was excluded from the C of O. In February 1982, HPD issued a violation, ordering landlord to legalize the building and get a new C of O. Landlord filed an application with the DOB in February 1992, which was approved in April 1992. Tenant claimed landlord couldn't collect rent due from before April 1992.Court: Landlord wins. Tenant showed no inconvenience or danger to health or safety by the building's lack of a C of O. And landlord's engineer showed that the lack of a C of O was due to an error by the DOB. Tenant can't simply use the lack of a C of O as an excuse not to pay rent. And by the time landlord started the nonpayment action against tenant, the new C of O was in effect. Other cases tenant pointed to were started when there was no C of O.

St. George Hotel Associates v. Jaye: NYLJ, p. 24, col. 2 (8/11/93) (Civ. Ct. Kings; Katz, J)