Landlord Gets Possession, But Not Rent

February 1, 1994

LVT Number: 8507

Landlord of two-family house sued to evict month-to-month tenant. Tenant claimed that landlord's termination notice was improper. Tenant also claimed he shouldn't have to pay the two months' rent owed. The court found that landlord's 30-day termination notice was proper. Landlord was entitled to possession. But landlord couldn't collect rent due. There was a third illegal apartment in the building basement. The Multiple Dwelling Law (MDL) requires any building with three or more apartments to be registered. There was no multiple building registration statement on file for this building.

Landlord of two-family house sued to evict month-to-month tenant. Tenant claimed that landlord's termination notice was improper. Tenant also claimed he shouldn't have to pay the two months' rent owed. The court found that landlord's 30-day termination notice was proper. Landlord was entitled to possession. But landlord couldn't collect rent due. There was a third illegal apartment in the building basement. The Multiple Dwelling Law (MDL) requires any building with three or more apartments to be registered. There was no multiple building registration statement on file for this building. So, by law, landlord couldn't recover rent because he didn't comply with the MDL.

Cohen v. Clark: NYLJ, p. 24, col. 3 (1/26/94) (Civ. Ct. Queens; Spires, J)

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