Landlord Can't Evict Tenant from Illegal Basement Apartment

July 31, 1997

LVT Number: 11639

Landlord sued to evict tenant from an illegal basement apartment. Landlord claimed the building wasn't a multiple dwelling. The court ruled for landlord, and tenant appealed. The court ruled for tenant and dismissed landlord's petition. The illegal basement apartment resulted in three or more families living independently of one another in the building. So the building was a de facto" multiple dwelling. Since the building wasn't registered as a multiple dwelling.

Landlord sued to evict tenant from an illegal basement apartment. Landlord claimed the building wasn't a multiple dwelling. The court ruled for landlord, and tenant appealed. The court ruled for tenant and dismissed landlord's petition. The illegal basement apartment resulted in three or more families living independently of one another in the building. So the building was a de facto" multiple dwelling. Since the building wasn't registered as a multiple dwelling.

Lado v. Brown: NYLJ, p. 32, col. 4 (7/8/97) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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