Temporary Certificate of Occupancy Expired

January 1, 1995

LVT Number: 9385

Landlord sued to evict tenants for nonpayment of rent. Tenants argued that landlord gave up the right to collect rent because the temporary certificate of occupancy (C of O) had expired. The court ruled for landlord, and tenants appealed. The appeals court also ruled for landlord. The expired C of O for the lower three floors didn't adversely affect the structural integrity of the building or make tenants' fourth-floor apartment uninhabitable. So, landlord's rent claim is still valid.

Landlord sued to evict tenants for nonpayment of rent. Tenants argued that landlord gave up the right to collect rent because the temporary certificate of occupancy (C of O) had expired. The court ruled for landlord, and tenants appealed. The appeals court also ruled for landlord. The expired C of O for the lower three floors didn't adversely affect the structural integrity of the building or make tenants' fourth-floor apartment uninhabitable. So, landlord's rent claim is still valid.

W.T. Associates v. Jaber & Johnson: NYLJ, p. 28, col. 2 (12/8/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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