Landlord Claims Tenants' Occupancy Is Illegal

April 1, 1999

LVT Number: 13100

Landlord sued to evict tenants from two apartments in a building because the certificate of occupancy was only for one family and boarders. The court ruled for landlord without a trial, and tenants appealed. The appeals court ruled for tenants. Landlord hadn't shown that the only way to legalize the apartments was to evict tenants, or that it would be too much of a burden to otherwise legalize the apartments.

Landlord sued to evict tenants from two apartments in a building because the certificate of occupancy was only for one family and boarders. The court ruled for landlord without a trial, and tenants appealed. The appeals court ruled for tenants. Landlord hadn't shown that the only way to legalize the apartments was to evict tenants, or that it would be too much of a burden to otherwise legalize the apartments.

Seckin v. Davenport: NYLJ, p. 31, col. 2 (3/18/99) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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