Landlord Can Get Rent Despite C of O Breach

May 31, 1997

LVT Number: 11520

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that apartment violated the building's C of O, so landlord couldn't collect rent. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Although tenant's use of the penthouse area of the fourth floor technically breached the existing C of O, it didn't violate any zoning, building code, or other regulations and didn't endanger tenant's life, health, or safety. So there was no reason to apply the rent forfeiture provisions contained in section 301 of the Multiple Dwelling Law.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that apartment violated the building's C of O, so landlord couldn't collect rent. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Although tenant's use of the penthouse area of the fourth floor technically breached the existing C of O, it didn't violate any zoning, building code, or other regulations and didn't endanger tenant's life, health, or safety. So there was no reason to apply the rent forfeiture provisions contained in section 301 of the Multiple Dwelling Law.

Brandt v. Goodyear: NYLJ, p. 25, col. 2 (5/6/97) (App. T. 1 Dept.; Ostrau, JP, Parness, Freedman, JJ)

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