Landlord Can't Get Rent for Storefront Used as Residence

April 30, 2003

LVT Number: 16534

Landlord sued to evict tenant for nonpayment of rent. Landlord rented a commercial storefront to tenant for residential use. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay rent and landlord got a money judgment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and won. The building was a multiple dwelling and had a certificate of occupancy. Tenant lived in the storefront in violation of the certificate of occupancy.

Landlord sued to evict tenant for nonpayment of rent. Landlord rented a commercial storefront to tenant for residential use. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay rent and landlord got a money judgment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and won. The building was a multiple dwelling and had a certificate of occupancy. Tenant lived in the storefront in violation of the certificate of occupancy. So by law, landlord couldn't collect rent and tenant couldn't waive the Multiple Dwelling Law requirement by agreement.

Nii v. Quinn: NYLJ, 4/18/03, p. 21, col. 1 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

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