Tenants Owe Landlord Damages for Rooftop Use

January 25, 2025

LVT Number: #33525

Landlord sued tenant for damages resulting from tenants' unauthorized use of the building rooftop since January 2012 for recreational purposes and for debris removal. The court ruled for landlord. Tenants appealed and lost. Tenants relied on Multiple Dwelling Law Section 302 in support of their defense that landlord couldn't seek rent on a premises that wasn't in compliance with the Multiple Dwelling Law. But the rooftop was part of a commercial building and tenants were using it as an outdoor recreational space rather than as a "dwelling." 

Landlord sued tenant for damages resulting from tenants' unauthorized use of the building rooftop since January 2012 for recreational purposes and for debris removal. The court ruled for landlord. Tenants appealed and lost. Tenants relied on Multiple Dwelling Law Section 302 in support of their defense that landlord couldn't seek rent on a premises that wasn't in compliance with the Multiple Dwelling Law. But the rooftop was part of a commercial building and tenants were using it as an outdoor recreational space rather than as a "dwelling." 

1304 Madison LLC v. Alberts: Index No. 161186/18, App. No. 3223, Case No. 2024-03396 (App. Div. 1 Dept.; 12/10/24; Renwick, PJ, Friedman, Shulman, Pitt-Burke, Rosado, JJ)

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