Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment

Landlord sued to evict Westchester County tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial. The court ruled for tenant and found that the eviction would violate Multiple Residence Law Section 302-a. Landlord requested reargument and claimed that, under the MRL section cited, tenants residing in lawful units must specifically demonstrate that the existence of an unlawful unit in the building impacts the lawful unit. In a case of first impression interpreting the new statute, the court disagreed and found that whether tenant's apartment was "legal" didn't matter. It was the building that must conform in all respects to the requirements of the Multiple Residence Law.

28 Poplar LLC v. Matos: Index No. LT-0133-22, NYLJ No. 1697603907 (City Ct. Yonkers; 10/13/23; Shako, J)