Landlord Can Evict Nonpaying Tenant Despite MDL Violation

May 12, 2012

LVT Number: #24088

Landlord of two-family dwelling sued to evict tenant for nonpayment of rent. Tenant claimed that landlord operated the building as an illegal rooming house to more than two families, in violation of Multiple Dwelling Law Sections 302 and 325. Tenant argued that he was singled out because he stopped paying rent after landlord refused to replace his broken bed and bureau. The court ruled for landlord, who was entitled to evict tenant. Issues regarding landlord's illegal use of the building must be addressed by the proper city agency.

Landlord of two-family dwelling sued to evict tenant for nonpayment of rent. Tenant claimed that landlord operated the building as an illegal rooming house to more than two families, in violation of Multiple Dwelling Law Sections 302 and 325. Tenant argued that he was singled out because he stopped paying rent after landlord refused to replace his broken bed and bureau. The court ruled for landlord, who was entitled to evict tenant. Issues regarding landlord's illegal use of the building must be addressed by the proper city agency.

Jones v. Buckley: Index No. 068067/2011, NYLJ No. 1202550400730 (Civ. Ct. Bronx; 4/18/12; Franco, J)

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