Landlord's Illegal Occupancy Claim Improperly Based on Unauthorized Partition

December 14, 2020

LVT Number: #31127

Landlord sued to evict rent-stabilized tenant for illegal occupancy under Rent Stabilization Code Section 2524.3(c), based on an illegal partition that was put up subdividing the apartment's living room. Landlord claimed that the partition had resulted in a DOB violation against landlord. Tenant asked the court to dismiss the case. She claimed that the partition was there when she moved into the apartment. She also argued that the DOB violation, by itself, was an insufficient reason to seek her eviction.

Landlord sued to evict rent-stabilized tenant for illegal occupancy under Rent Stabilization Code Section 2524.3(c), based on an illegal partition that was put up subdividing the apartment's living room. Landlord claimed that the partition had resulted in a DOB violation against landlord. Tenant asked the court to dismiss the case. She claimed that the partition was there when she moved into the apartment. She also argued that the DOB violation, by itself, was an insufficient reason to seek her eviction.

The court ruled for tenant. Landlord didn't claim that tenant had installed the partition, or that tenant was preventing landlord from curing the violation by removing the partition. So landlord failed to show that tenant's actual occupancy was the basis for the DOB violation. 

88-35 162nd St. LLC v. Rodriguez: Index No. L&T69089/19, NYLJ No. 1604357199 (Civ. Ct. Queens; 10/20/20; Jimenez, J)

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