No Proof Tenant's Occupancy of Basement Apartment Wasn't Illegal

July 31, 2006

LVT Number: 18994

Landlord sued to evict tenant, claiming that tenant's occupancy of a basement apartment was illegal. Tenant argued that his apartment wasn't illegal and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. Tenant didn't prove that his occupancy of the basement apartment wasn't illegal. A trial was required to determine whether landlord could correct the lot line, window, and other objections noted by DOB in a 2001 order denying landlord's altered building application.

Landlord sued to evict tenant, claiming that tenant's occupancy of a basement apartment was illegal. Tenant argued that his apartment wasn't illegal and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. Tenant didn't prove that his occupancy of the basement apartment wasn't illegal. A trial was required to determine whether landlord could correct the lot line, window, and other objections noted by DOB in a 2001 order denying landlord's altered building application.

Hudsoncliff Building Co. Inc. v. Chandler: NYLJ, 7/25/06, p. 29, col. 2 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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