Court Dismisses Nonpayment Proceeding Because C of O Was Invalid

December 20, 2023

LVT Number: #33013

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O had expired on June 4, 2015. Landlord argued that, while it was making changes to the first floor and had applied for a temporary C of O relating to those changes, the building's 2011 C of O remained valid. The court ruled for tenant. Under the Multiple Dwelling Law, no rent was collectible when a building lacked a valid C of O. The case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O had expired on June 4, 2015. Landlord argued that, while it was making changes to the first floor and had applied for a temporary C of O relating to those changes, the building's 2011 C of O remained valid. The court ruled for tenant. Under the Multiple Dwelling Law, no rent was collectible when a building lacked a valid C of O. The case was dismissed.

East Harlem MEC Parcel C, LP v. Smalls, Index No. 300884/2022, NYLJ 11/28/23, p. 17, col 1 (Civ. Ct. NY; 9/14/23; Ortiz, J)

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