Landlord Can't Collect Rent in Building Without C of O

Landlord sued to evict tenant for nonpayment of rent owed from May 2009 through June 2011. Tenant asked the court to dismiss the case, claiming that landlord was barred from collecting rent because the building didn't have a valid Certificate of Occupancy (C of O). The court ruled for tenant. Landlord argued that under Multiple Dwelling Law (MDL) Section 301(1), it was exempt from the C of O requirement because the building was built before 1929. But the building was no longer exempt because it was substantially altered, and landlord hadn't obtained a C of O after increasing the number of apartments without DOB's approval. Under MDL Section 302(1)(b), landlord couldn't collect rent absent the valid C of O.

208 Himrod St. LLC v. Irizarry: Index No. 78876/2011, NYLJ No. 1202560835460 (Civ. Ct. Kings; 6/7/12; Milin, J)