Landlord Can't Seek Rent for Illegal Attic Apartment

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed that landlord couldn't collect rent because the apartment was an illegal attic unit that violated the building's Certificate of Occupancy. The court ruled for tenants. Although there was no statute barring collection of rent from illegal one- or two-family dwellings, to permit recovery of rent would ignore the purpose of the Multiple Dwelling Law, which was to insure that tenants lived in buildings that complied with building and safety codes. Landlord knowingly rented the space as a two-story apartment with living space in the attic. HPD had deemed the entire apartment illegal and had sealed the attic to enforce a vacate order. The dwelling unit was illegal from the inception of the tenancy, and the lease was unenforceable. Landlords cannot maintain the nonpayment proceeding.

Chery v. Santiago: Index No. 72927/2014, NYLJ No. 120215480459 (Civ. Ct. Queens; 1/7/15; Nembhard, J)