Tenant Occupies Illegal Basement Apartment

June 30, 2002

LVT Number: 15913

Landlord sued to eject rent-stabilized tenant from an illegal basement apartment. Tenant had stopped paying rent when he discovered that the apartment violated the building's C of O. Before starting the ejectment action, landlord sued for nonpayment but withdrew the case when it learned the law permitted rent withholding in these circumstances. Landlord hired an architect, who said the apartment couldn't be legalized for residential use. Landlord then offered tenant comparable apartments in the building and in the neighborhood, which tenant refused.

Landlord sued to eject rent-stabilized tenant from an illegal basement apartment. Tenant had stopped paying rent when he discovered that the apartment violated the building's C of O. Before starting the ejectment action, landlord sued for nonpayment but withdrew the case when it learned the law permitted rent withholding in these circumstances. Landlord hired an architect, who said the apartment couldn't be legalized for residential use. Landlord then offered tenant comparable apartments in the building and in the neighborhood, which tenant refused. When landlord sued for ejectment, tenant claimed that landlord should have first sent a seven-day termination notice, as required by the Rent Stabilization Code. Tenant asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and lost. In light of the whole history of the case, such notice wasn't required and it would be silly to dismiss the case for that reason.

East 82 LLC v. O'Gormley: NYLJ, 6/17/02, p. 19, col. 3 (App. Div.1 Dept.; Williams, PJ, Andrias, Lerner, Rubin, Friedman, JJ)

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