Tenant's Unauthorized Alteration Blocked Issuance of C of O

June 30, 1994

LVT Number: 8908

Landlord sued tenant for nonpayment of rent. Tenant claimed landlord should be barred from collecting rent because the building didn't have a valid certificate of occupancy (C of O). The court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Landlord had let tenant use a portion of the basement that had just been converted into a recreation room. Tenant, without landlord's permission, had built a closet in front of an exit door, blocking egress from the room.

Landlord sued tenant for nonpayment of rent. Tenant claimed landlord should be barred from collecting rent because the building didn't have a valid certificate of occupancy (C of O). The court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Landlord had let tenant use a portion of the basement that had just been converted into a recreation room. Tenant, without landlord's permission, had built a closet in front of an exit door, blocking egress from the room. The DOB refused to issue an amended C of O legalizing the new recreation room because of the blocked exit door. Tenant's own actions prevented landlord from getting an amended C of O. So, the lack of a valid C of O can't bar landlord from collecting rent.

Amdar Co. v. Armenti: NYLJ, p. 28, col. 4 (6/23/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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