Landlord Needs DHCR OK to Remove Illegal Cellar Apartment from Residential Market

May 31, 2004

LVT Number: 17337

Landlord sued to evict rent-stabilized tenant from an illegal cellar apartment. Landlord claimed that there was no C of O authorizing residential use of the cellar. Landlord claimed that it was entitled to evict tenant under Rent Stabilization Code section 2524.3( c) because of illegal occupancy that subjected landlord to civil or criminal penalties. The court ruled against landlord. The code section that landlord relied on was more properly used in cases of overcrowding or commercial use of residential units.

Landlord sued to evict rent-stabilized tenant from an illegal cellar apartment. Landlord claimed that there was no C of O authorizing residential use of the cellar. Landlord claimed that it was entitled to evict tenant under Rent Stabilization Code section 2524.3( c) because of illegal occupancy that subjected landlord to civil or criminal penalties. The court ruled against landlord. The code section that landlord relied on was more properly used in cases of overcrowding or commercial use of residential units. Here, there was no wrongful act of tenant, and no building violation had been issued. Landlord caused the illegal use by renting to residential tenant. Landlord must get the DHCR's permission to evict tenant.

Prana 3750 Broadway LLC v. Alvarez: NYLJ, 5/19/04, p. 19, col. 1 (Civ. Ct. NY; Elsner, J)

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