Landlord Can't Get Rent for Illegal Apartment

December 1, 1995

LVT Number: 10229

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed his apartment was illegal. Landlord had, in fact, received a violation notice for tenant's apartment. The certificate of occupancy for the building permitted one apartment on the second floor. Landlord had divided that floor into two apartments. Tenant's apartment violated the C of O. The court ruled against landlord. Tenant's apartment was clearly illegal, and landlord was therefore barred from seeking unpaid rent in a nonpayment proceeding.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed his apartment was illegal. Landlord had, in fact, received a violation notice for tenant's apartment. The certificate of occupancy for the building permitted one apartment on the second floor. Landlord had divided that floor into two apartments. Tenant's apartment violated the C of O. The court ruled against landlord. Tenant's apartment was clearly illegal, and landlord was therefore barred from seeking unpaid rent in a nonpayment proceeding.

Anilesh v. Williams: NYLJ, p. 38, col. 2 (11/15/95) (City Ct. Yonkers; Dickerson, J)

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