Landlord Must Legalize Building

December 1, 1993

LVT Number: 8383

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord should be barred from collecting rent. The building had a valid certificate of occupancy (C of O) as a two-family house. But there were two additional illegal apartments in the building. The court ruled that landlord could proceed with the nonpayment proceeding because tenant occupied a legal apartment. But the court ordered landlord to take steps to legalize the building.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord should be barred from collecting rent. The building had a valid certificate of occupancy (C of O) as a two-family house. But there were two additional illegal apartments in the building. The court ruled that landlord could proceed with the nonpayment proceeding because tenant occupied a legal apartment. But the court ordered landlord to take steps to legalize the building.

Hall v. Burroughs: NYLJ, p. 30, col. 3 (11/16/93) (Civ. Ct. Kings; Gould, J)

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