Tenant Can't Evict Subtenants for Nonpayment

Landlord sued to evict four tenants for nonpayment of rent. Landlord wasn't the building owner but was the prime tenant of the entire floor of the building where tenants' apartments were located. Tenants were in fact landlord's subtenants. Landlord acknowledged that the building was an unregistered, de facto multiple dwelling even though it had a commercial Certificate of Occupancy (C of O). Landlord claimed that tenants were unregulated, but tenants had a pending application with the Loft Board seeking Loft Law coverage. Tenants asked the court to dismiss the cases because, under Multiple Dwelling Law (MDL) Sections 301, 302, and 325, landlord couldn't collect rent from tenants of an unregistered multiple dwelling. Landlord argued that, since he didn't own the building, the law didn't apply to him. The court ruled for tenants. The MDL provisions in question were intended to protect residential tenants in these circumstances, even though landlord had no right to obtain a C of O or otherwise legalize the building.

Light Re v. Frank: Index No. L&T 050568/13, NYLJ No. 1201599205969 (Civ. Ct. Kings; 4/30/13; Finkelstein, J)