No Proof SRO Tenant Cubicles Violated C of O

Landlord brought an ejectment action against rent-stabilized SRO tenants who lived in 35 cubicles on one floor in landlord's building. Landlord claimed that tenants' occupancy violated the building's Certificate of Occupancy (C of O). The C of O was for use and occupancy of 62 cubicles. Landlord claimed that prior landlord must have reduced the number of cubicles, but it didn't know when this was done. Tenants asked the court to dismiss the case because they were registered rent-stabilized tenants. The court ruled for tenants. Landlord didn't show that tenants violated the C of O by living in 35 cubicles. Also, to have grounds to eject tenants, landlord must prove that it couldn't amend the C of O or that it entailed undue expense to do so. The case was dismissed.

81 Bowery Realty Corp. v. Chen: NYLJ, 7/16/08, p. 26, col. 1 (Sup. Ct. NY; Stallman, J)