Landlord Can't Evict Tenant from Illegal Apartment Absent DOB Violation

February 27, 2017

LVT Number: #27526

Landlord sued to evict tenant who occupied an illegal basement apartment. Landlord claimed that DOB issued a violation finding that there was an illegal conversion to residential space, contrary to the building’s Certificate of Occupancy. Tenant had lived in the apartment for over 20 years and previously had been deemed rent stabilized by the court. Tenant asked the court to dismiss the case, claiming that there was no DOB violation on record. The court ruled for tenant.

Landlord sued to evict tenant who occupied an illegal basement apartment. Landlord claimed that DOB issued a violation finding that there was an illegal conversion to residential space, contrary to the building’s Certificate of Occupancy. Tenant had lived in the apartment for over 20 years and previously had been deemed rent stabilized by the court. Tenant asked the court to dismiss the case, claiming that there was no DOB violation on record. The court ruled for tenant. Without a violation finding that there was illegal occupancy, an eviction case couldn’t be maintained under Rent Stabilization Code Section 2524.3(c) for illegal occupancy.

 

Fernandez v. Cronealdi: Index No. L&T 74986/16, NYLJ No. 1202777492102 (Civ. Ct. Kings; 1/4/17; Chinea, J)

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