Landlord Removed Illegal Third Unit

April 30, 2000

LVT Number: 14077

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord was in violation of the building's Certificate of Occupancy (C of O) because the two-family house contained an illegal third unit. Tenant claimed that under the Multiple Dwelling Law, landlord couldn't collect rent because of the C of O violation. Tenant's apartment wasn't the illegal unit. Landlord claimed it had corrected the C of O violation and was entitled to collect rent from tenant. Court: Landlord wins. The intent of the law was to ensure tenant health and safety, not to punish landlord.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord was in violation of the building's Certificate of Occupancy (C of O) because the two-family house contained an illegal third unit. Tenant claimed that under the Multiple Dwelling Law, landlord couldn't collect rent because of the C of O violation. Tenant's apartment wasn't the illegal unit. Landlord claimed it had corrected the C of O violation and was entitled to collect rent from tenant. Court: Landlord wins. The intent of the law was to ensure tenant health and safety, not to punish landlord. So landlord was entitled to collect back rent from tenant once the illegal unit was removed.

Christos v. Papastefanou: NYLJ, 4/5/00, p. 31, col. 4 (Civ. Ct. Bronx; Doherty, J)

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