No Use and Occupancy for Unit in Illegal Multiple Dwelling

September 30, 2003

LVT Number: 16842

Landlord sued to evict tenants in a two-family house occupied as an illegal three-family building. Landlord asked the court for use and occupancy from tenants. The court ruled against landlord. The house was being used as an illegal multiple dwelling since it had three apartments. Although landlord was entitled to evict tenants, it couldn't collect use and occupancy from tenants who lived in an illegal unit.

Landlord sued to evict tenants in a two-family house occupied as an illegal three-family building. Landlord asked the court for use and occupancy from tenants. The court ruled against landlord. The house was being used as an illegal multiple dwelling since it had three apartments. Although landlord was entitled to evict tenants, it couldn't collect use and occupancy from tenants who lived in an illegal unit.

Fazio v. Kelly: NYLJ, 9/24/03, p. 20, col. 5 (Civ. Ct. Richmond; Straniere, J)

Topics

More like this