Landlord Claims Tenant Occupies Illegal Apartment

April 30, 2001

LVT Number: 14919

Landlord sued to evict tenant, claiming that tenant's occupancy of a basement apartment was illegal and exposed landlord to civil and criminal penalties. Tenant pointed out that he had lived in the apartment for 20 years and claimed that landlord brought the case in the wrong court. Tenant asked the court to dismiss the case. The court ruled against tenant. The housing court could hear the case. And even though landlord had permitted tenant to live in the illegal apartment for years, DOB and ECB had issued violations stating that tenant's occupancy was illegal and hazardous.

Landlord sued to evict tenant, claiming that tenant's occupancy of a basement apartment was illegal and exposed landlord to civil and criminal penalties. Tenant pointed out that he had lived in the apartment for 20 years and claimed that landlord brought the case in the wrong court. Tenant asked the court to dismiss the case. The court ruled against tenant. The housing court could hear the case. And even though landlord had permitted tenant to live in the illegal apartment for years, DOB and ECB had issued violations stating that tenant's occupancy was illegal and hazardous.

Del Gigante v. Danilova: NYLJ, 4/18/01, p. 21, col. 2 (Civ. Ct. Bronx; Gonzalez, J)

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