No Certificate of Occupancy for New Apartment

July 31, 1998

LVT Number: 12541

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord couldn't bring the lawsuit because there was no certificate of occupancy for her apartment. The court ruled for tenant and dismissed the case. Landlord had built tenant's apartment and four others on the roof of its building. Landlord hadn't gotten a new C of O for these apartments. Under the Multiple Dwelling Law, landlord was barred from starting a nonpayment proceeding against tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord couldn't bring the lawsuit because there was no certificate of occupancy for her apartment. The court ruled for tenant and dismissed the case. Landlord had built tenant's apartment and four others on the roof of its building. Landlord hadn't gotten a new C of O for these apartments. Under the Multiple Dwelling Law, landlord was barred from starting a nonpayment proceeding against tenant.

Uptown Realty Unlimited, LLC v. Cruz: NYLJ, p. 23, col. 2 (7/15/98) (Civ. Ct. NY; Lau, J)

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