Landlord Took Steps to Get Certificate of Occupancy

January 1, 2000

LVT Number: 13791

Landlord sued loft tenants for nonpayment of rent. Tenants claimed landlord hadn't gotten a C of O for the building and so was barred from collecting rent under the Multiple Dwelling Law, Section 284. The court ruled for landlord, and tenants appealed. The appeals court ruled against tenants. Landlord had taken all reasonable and necessary steps to get a C of O for the building, including filing alteration plans, getting a permit, hiring architects, completing certain alterations, and securing financing. In these circumstances, landlord shouldn't be barred from collecting rent.

Landlord sued loft tenants for nonpayment of rent. Tenants claimed landlord hadn't gotten a C of O for the building and so was barred from collecting rent under the Multiple Dwelling Law, Section 284. The court ruled for landlord, and tenants appealed. The appeals court ruled against tenants. Landlord had taken all reasonable and necessary steps to get a C of O for the building, including filing alteration plans, getting a permit, hiring architects, completing certain alterations, and securing financing. In these circumstances, landlord shouldn't be barred from collecting rent.

85-87 Mercer St. Assocs. v. Lusker: NYLJ, p. 24, col. 6 (12/30/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, JJ)

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