Landlord Can't Get Rent from Tenant in Illegal Apartment

July 31, 1996

LVT Number: 10794

Landlord sued tenant for $7,500 back rent owed after tenant moved out. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant had lived in an illegal basement apartment in landlord's two-family house. Since tenant occupied the building in violation of the certificate of occupancy and landlord made no attempt to legalize the unit, landlord couldn't collect the rent. Landlord had also sued tenant for nonpayment in housing court, and that court made the same decision.

Landlord sued tenant for $7,500 back rent owed after tenant moved out. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant had lived in an illegal basement apartment in landlord's two-family house. Since tenant occupied the building in violation of the certificate of occupancy and landlord made no attempt to legalize the unit, landlord couldn't collect the rent. Landlord had also sued tenant for nonpayment in housing court, and that court made the same decision.

Tobjy v. Zepnick: NYLJ, p. 24, col. 4 (7/24/96) (Civ. Ct. Kings; Cammer, J)

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