Tenant Not Entitled to Refund of Rent Paid While Building Violated Permit Rules

Former tenant sued landlord in small claims court to recover $300 security deposit along with $1,200 paid for eight weeks' rent. Landlord in turn claimed that tenant owed $2,680 in back rent and cable TV bills, although landlord withdrew this claim at trial. The court ruled for tenant and ordered landlord to refund $1,500. Landlord appealed and won. At trial, tenant stated that her current address was the apartment rented from landlord. So it was an error to award tenant the security deposit since she didn't establish that she had moved out. And there was no reason to refund the rent tenant had paid. The fact that the apartment was rented without a permit doesn't preclude recovery of rent. Even if there was a statutory bar against landlord seeking rent due to building status, there was no bar to tenant's voluntary payment of rent during the period of the building's illegal status.

Hayes v. Ramsey: 60 Misc.3d 137(A), 2018 NY Slip Op 51114(U) (App. T. 2 Dept.; 7/12/18; Marano, PJ, Garguilo, Ruderman, JJ)