Eviction Case Dismissed Based on Landlord's Misrepresentation

Hempstead landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord told tenant that the building was a legal two-family residence when tenant moved in. But it turned out that it was a two-story, one-family dwelling and tenant’s apartment was illegal. The court ruled for tenant. Landlord didn’t deny tenant’s claims. So landlord committed fraud when executing the lease. This barred any claims by landlord for money damages. The lease was voidable and to allow landlord to recover rent would reward his illegal conduct.

Leva v. Kramer: NYLJ, 7/21/09, p. 27, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)