Residential Apartment Rented for Commercial Purposes

Landlord sued to evict tenant for nonpayment of rent. Tenant had rented a residential apartment for commercial purposes in violation of the building's certificate of occupancy. Tenant leased the apartment for the practice of psychotherapy and was authorized by the landlord to sublet to five additional therapists. Tenant claimed that landlord was barred from collecting rent or maintaining the nonpayment proceeding in light of the C of O violation. The trial court ruled for landlord and tenant appealed. The appeals court ruled against tenant. Landlord made no representation that tenant's use was in compliance with the C of O. Tenant got the benefit of the apartment and didn't move out after he stopped paying rent. Dismissal of landlord's petition would unjustly enrich tenant.

Phillips & Huyler Associates v. Dr. Flynn: NYLJ, p. 25, col. 2 (4/14/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)