City of New Rochelle Revokes Landlord's C of O

January 9, 2012

LVT Number: #23806

Landlord bought a two-family dwelling with a detached garage in 2002. Under a 1958 Certificate of Occupancy (C of O), the garage was a legal, nonconforming use. Later, the city revoked landlord's C of O, finding that the property was no longer in compliance with the city code. Landlord sued the city in federal court, claiming that the city's revocation of the C of O violated federal due process law. The court ruled against landlord. The city had issued an order notifying landlord of his violation of the city code and warning him that the C of O might be revoked.

Landlord bought a two-family dwelling with a detached garage in 2002. Under a 1958 Certificate of Occupancy (C of O), the garage was a legal, nonconforming use. Later, the city revoked landlord's C of O, finding that the property was no longer in compliance with the city code. Landlord sued the city in federal court, claiming that the city's revocation of the C of O violated federal due process law. The court ruled against landlord. The city had issued an order notifying landlord of his violation of the city code and warning him that the C of O might be revoked. Landlord was given a constitutionally adequate opportunity to be heard before the city.

Ceja v. Vacca: Index No. 11 CV 1660, NYLJ No. 1202535368518 (SDNY; 12/7/11; Briccetti, J)

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