Landlord Can Start Nonpayment Proceeding

September 30, 1995

LVT Number: 9071

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that it could withhold rent because landlord had violated the building's certificate of occupancy (C of O) by converting the basement into two separate apartments. Landlord claimed that it didn't violate the C of O. The court ruled that landlord can proceed with its nonpayment case. There was no violation of the C of O on record at the DOB. Plus, even if the second basement apartment was illegal, landlord could still sue tenant for nonpayment of rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that it could withhold rent because landlord had violated the building's certificate of occupancy (C of O) by converting the basement into two separate apartments. Landlord claimed that it didn't violate the C of O. The court ruled that landlord can proceed with its nonpayment case. There was no violation of the C of O on record at the DOB. Plus, even if the second basement apartment was illegal, landlord could still sue tenant for nonpayment of rent.

Ziegler v. Schiffren: NYLJ, p. 25, col. 3 (8/10/94) (Civ. Ct. Kings; Steinhardt, J)

Topics

More like this