Landlord Can't Sue Tenant for Nonpayment While Basement Contained Illegal Apartment

April 25, 2025

LVT Number: #33653

Landlord sued tenants of a two-family dwelling in small claims court seeking rent owed in the amount of $9,375. Tenants didn't dispute the amount owed but claimed that they didn't have to pay because the building contained an illegal basement apartment. The court ruled for tenants, finding that governing statutes barred landlord from collecting rent while there was an illegal unit in the building, even if tenants' apartment was legal.

Landlord sued tenants of a two-family dwelling in small claims court seeking rent owed in the amount of $9,375. Tenants didn't dispute the amount owed but claimed that they didn't have to pay because the building contained an illegal basement apartment. The court ruled for tenants, finding that governing statutes barred landlord from collecting rent while there was an illegal unit in the building, even if tenants' apartment was legal.

Nelson-Taylor v. Brooks: Index No. SC000959-20, 2025 NY Slip Op 50314(U), NYLJ No. 1741816423 (Civ. Ct. Queens; 3/11/25; Kagan, J)

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