Landlord Didn't Have Valid C of O

Facts: Co-op sponsor converted commercial building to apartments in the early 1980s. Sponsor got a certificate of occupancy (C of O) for the first through seventh floors of the building. Sponsor later converted the top two floors to a penthouse apartment. Sponsor never got a C of O for the penthouse because it didn't file required controlled inspection reports relating to firestopping of the penthouse apartment. Tenant bought penthouse apartment in 1985. In 1992, landlord co-op corporation discovered problems in the firestopping between tenant's apartment and the other penthouse apartment. Tenant wouldn't give landlord access for repairs, and stopped paying maintenance. Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord couldn't collect rent because her apartment had no C of O. Court: Landlord wins. Landlord was responsible for getting the C of O, even if sponsor was supposed to get it. But tenant's action in refusing access prevented landlord from making repairs that would lead to issuance of the C of O. Tenant can't use the law to get the benefit of not paying rent under such circumstances.

B.S.L. One Owners Corp. v. Rubenstein: NYLJ, p. 24, col. 4 (1/26/94) (Civ. Ct. Richmond; Aliotta, J)