Landlord Can't Get Back Rent for Illegal Apartment

November 1, 1996

LVT Number: 11014

Landlord sued to evict tenant for nonpayment of rent. Tenant occupied an illegal basement apartment in a two-family house and paid monthly rent without a written lease. The court ruled against landlord. While landlord may evict tenant, landlord can't recover unpaid back rent because tenant's apartment was occupied in violation of the certificate of occupancy.

Landlord sued to evict tenant for nonpayment of rent. Tenant occupied an illegal basement apartment in a two-family house and paid monthly rent without a written lease. The court ruled against landlord. While landlord may evict tenant, landlord can't recover unpaid back rent because tenant's apartment was occupied in violation of the certificate of occupancy.

Scott v. Haynes: NYLJ, p. 29, col. 2 (10/30/96) (Civ. Ct. Kings; Dowd, J)

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