Nonpayment Proceeding Dismissed Because Building in Violation of C of O

December 20, 2024

LVT Number: #33489

Landlord sued to evict rent-stabilized tenant in 2022 for nonpayment of rent. The case was stayed for some period while tenant sought ERAP funding. After partial arrears were covered by ERAP, landlord got the case restored to the calendar. Tenant then asked the court to dismiss the case because the building was in violation of the Multiple Dwelling Law for failure to have a certificate of occupancy. The court ruled for tenant and dismissed the case. There were open DOB violations on the building. Landlord had created four illegal SRO units within one apartment.

Landlord sued to evict rent-stabilized tenant in 2022 for nonpayment of rent. The case was stayed for some period while tenant sought ERAP funding. After partial arrears were covered by ERAP, landlord got the case restored to the calendar. Tenant then asked the court to dismiss the case because the building was in violation of the Multiple Dwelling Law for failure to have a certificate of occupancy. The court ruled for tenant and dismissed the case. There were open DOB violations on the building. Landlord had created four illegal SRO units within one apartment. The building never had a C of O previously, but landlord should have applied for one when making these alterations.

1245 Stratford, LLC v. Osboume: Index No. L&T 327144/2022, 2024 NY Slip Op 51562(U)(Civ. Ct. Bronx; 11/15/24; Lutwak, J)

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