Landlord with No Building Registration Can't Get Use and Occupancy

January 1, 1999

LVT Number: 12880

Landlord sued to evict tenant from two-family house, which actually contained three separate apartments. The court awarded landlord use and occupancy (u&o), and tenant appealed. Tenant claimed that landlord's building was in fact a multiple dwelling since it contained three units. This was true and landlord hadn't obtained a proper certificate of occupancy or complied with MDR requirements. So landlord couldn't collect u&o.

Landlord sued to evict tenant from two-family house, which actually contained three separate apartments. The court awarded landlord use and occupancy (u&o), and tenant appealed. Tenant claimed that landlord's building was in fact a multiple dwelling since it contained three units. This was true and landlord hadn't obtained a proper certificate of occupancy or complied with MDR requirements. So landlord couldn't collect u&o.

Jalinos v. Ramkalup: 679 NYS2d 419 (11/2/98) (App. Div. 2 Dept.; Rosenblatt, JP, Copertino, Sullivan, Altman, JJ)

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