Landlord Can Seek Tenant's Eviction from Illegal Basement Apartment

May 31, 2000

LVT Number: 14121

Facts: Landlord sued to evict tenant from a basement apartment because tenant's occupancy was illegal under the building's C of O and landlord faced penalties from ECB. Tenant claimed this wasn't a valid reason for eviction and that landlord had no legal right to seek correction of the violation by evicting him. Court: Under applicable law, landlord is entitled to bring an eviction case in civil court for removing housing violations.

Facts: Landlord sued to evict tenant from a basement apartment because tenant's occupancy was illegal under the building's C of O and landlord faced penalties from ECB. Tenant claimed this wasn't a valid reason for eviction and that landlord had no legal right to seek correction of the violation by evicting him. Court: Under applicable law, landlord is entitled to bring an eviction case in civil court for removing housing violations. Otherwise, tenant would be unfairly permitted to not pay rent because of the C of O violation and would technically be in danger because of the violation, while landlord would be facing daily penalties from ECB.

Sorensen v. Ramon: NYLJ, 5/17/00, p. 34, col. 1 (Civ. Ct. Richmond; Straniere, J)

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