Nonpayment Proceeding Dismissed Due to Occupancy Contrary to C of O

October 27, 2024

LVT Number: #33420

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $31,000. Tenant asked the court to dismiss the case. The court ruled for tenant. An ECB violation had been issued for "occupancy contrary to that allowed by the certificate of occupancy or building department records." By law, landlord can't maintain a nonpayment proceeding where the rent is sought for any period where the building was occupied in a manner contrary to the C of O. It didn't matter if landlord subsequently cured the violation.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $31,000. Tenant asked the court to dismiss the case. The court ruled for tenant. An ECB violation had been issued for "occupancy contrary to that allowed by the certificate of occupancy or building department records." By law, landlord can't maintain a nonpayment proceeding where the rent is sought for any period where the building was occupied in a manner contrary to the C of O. It didn't matter if landlord subsequently cured the violation. The cure couldn't be applied retroactively. 

GMT 3435 Realty LLC v. Hyman: Index No. LT-338857-22, 2024 NY Slip Op 51234(U), 83 Misc.3d 1287(A) (Civ. Ct. Bronx; 7/11/24; Tovar, J)

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