Landlord Claims Tenant's Occupancy Is Illegal

November 1, 2001

LVT Number: 15353

New landlord sued to evict rent-stabilized tenant, claiming illegal use. Tenant's duplex apartment was on the first and basement floors. The building's C of O permitted only a doctor's office on the first floor and a boiler room in the basement. The court ruled against landlord. Landlord appealed and lost. There had been no violation placed on the building due to tenant's occupancy, and landlord hadn't shown that the C of O couldn't be amended to permit tenant's residential use. So there was no reason to try to evict tenant at this point.

New landlord sued to evict rent-stabilized tenant, claiming illegal use. Tenant's duplex apartment was on the first and basement floors. The building's C of O permitted only a doctor's office on the first floor and a boiler room in the basement. The court ruled against landlord. Landlord appealed and lost. There had been no violation placed on the building due to tenant's occupancy, and landlord hadn't shown that the C of O couldn't be amended to permit tenant's residential use. So there was no reason to try to evict tenant at this point.

625 West End, Inc. v. Howard: NYLJ, 10/26/01, p. 19, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)

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