Landlord Can't Get Back Rent Due for Illegal Basement Apartment

April 30, 1999

LVT Number: 13238

Landlord sued to evict tenant for nonpayment of three months' rent. Tenant lived in an illegal basement apartment in a one-family house. Tenant claimed he shouldn't have to pay back rent and that landlord should refund all rent paid for the illegal apartment. The court ruled for tenant in part. Under the Multiple Dwelling Law, landlord couldn't collect back rent for an illegal apartment. But tenant couldn't get a refund of the rent paid. Landlord could evict tenant since the building's C of O didn't allow for the basement apartment.

Landlord sued to evict tenant for nonpayment of three months' rent. Tenant lived in an illegal basement apartment in a one-family house. Tenant claimed he shouldn't have to pay back rent and that landlord should refund all rent paid for the illegal apartment. The court ruled for tenant in part. Under the Multiple Dwelling Law, landlord couldn't collect back rent for an illegal apartment. But tenant couldn't get a refund of the rent paid. Landlord could evict tenant since the building's C of O didn't allow for the basement apartment.

Spense v. Vanderberg: NYLJ, p. 31, col. 1 (4/28/99) (City Ct. Mt. Vernon; Seiden, J)

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