No Back Rent Due Without C of O

June 30, 1997

LVT Number: 11580

Landlord sued to eject loft tenant and to recover back rent owed. Tenant hadn't paid rent since 1989 and claimed that landlord hadn't legalized the residential loft building. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord in part. Since landlord hadn't gotten a residential C of O, it couldn't recover back rent from tenant. But landlord could recover the unit since it had started an ejectment action rather than a nonpayment proceeding.

Landlord sued to eject loft tenant and to recover back rent owed. Tenant hadn't paid rent since 1989 and claimed that landlord hadn't legalized the residential loft building. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord in part. Since landlord hadn't gotten a residential C of O, it couldn't recover back rent from tenant. But landlord could recover the unit since it had started an ejectment action rather than a nonpayment proceeding.

99 Commercial St., Inc. v. Llewellyn: NYLJ, p. 33, col. 4 (6/13/97) (App. Div. 2 Dept.; Pizzuto, JP, Santucci, Friedmann, Luciano, JJ)

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