Tenant Claims Landlord Operated Illegal Three-Family House

April 1, 2002

LVT Number: 15727

Landlord sued to evict tenant. The court ruled for landlord because tenant didn't appear in court. Tenant then sought to vacate the default judgment. He claimed that landlord operated an illegal three-family house. The court reopened the case and ruled for tenant. The C of O for the building showed it was a one-family house. Tenant lived in the legal unit, and the other two units were illegal. So tenant didn't have to pay rent while this violation was in effect. But once landlord corrected the violation, tenant would have to pay back rent because he lived in the legal unit.

Landlord sued to evict tenant. The court ruled for landlord because tenant didn't appear in court. Tenant then sought to vacate the default judgment. He claimed that landlord operated an illegal three-family house. The court reopened the case and ruled for tenant. The C of O for the building showed it was a one-family house. Tenant lived in the legal unit, and the other two units were illegal. So tenant didn't have to pay rent while this violation was in effect. But once landlord corrected the violation, tenant would have to pay back rent because he lived in the legal unit.

Skala v. Edlich: NYLJ, 3/6/02, p. 21, col. 4 (Civ. Ct. Richmond; Straniere, J)

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