Tenant Occupies Illegal Basement Apartment

July 31, 1998

LVT Number: 12542

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant asked the court to vacate the judgment and eviction warrant. Tenant claimed that her apartment was an illegal basement apartment with no certificate of occupancy. Landlord claimed that the building had a C of O. The court ruled for tenant. Landlord's C of O didn't reflect the illegal apartments that had been added to the building's basement. Landlord was barred from starting a nonpayment proceeding under these circumstances by the Multiple Dwelling Law.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant asked the court to vacate the judgment and eviction warrant. Tenant claimed that her apartment was an illegal basement apartment with no certificate of occupancy. Landlord claimed that the building had a C of O. The court ruled for tenant. Landlord's C of O didn't reflect the illegal apartments that had been added to the building's basement. Landlord was barred from starting a nonpayment proceeding under these circumstances by the Multiple Dwelling Law.

Marcy Realty Co. v. Lee: NYLJ, p. 25, col. 4 (7/15/98) (Civ. Ct. Queens; Greenbaum, J)

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