Neighbors Claim Basement Use Is Illegal

May 31, 1999

LVT Number: 13241

Neighbors from a building across the street sued landlord, claiming that landlord's use of his building's basement for a residence was illegal. Neighbors claimed landlord had his basement divided into three SRO units. They asked the court to order landlord to restore basement use for heating and storage. The court ruled against neighbors and dismissed the case. Landlord showed that he had DOB permits and approvals for the number of apartments in the building. And, even if he didn't have the proper permits, the neighbors didn't have the right to enforce the Multiple Dwelling Law.

Neighbors from a building across the street sued landlord, claiming that landlord's use of his building's basement for a residence was illegal. Neighbors claimed landlord had his basement divided into three SRO units. They asked the court to order landlord to restore basement use for heating and storage. The court ruled against neighbors and dismissed the case. Landlord showed that he had DOB permits and approvals for the number of apartments in the building. And, even if he didn't have the proper permits, the neighbors didn't have the right to enforce the Multiple Dwelling Law. Only DOB is authorized to enforce the law.

Mettler v. Re: NYLJ, p. 33, col. 5 (5/12/99) (Sup. Ct. Queens; Milano, J)

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