Use of Apartment Violates Certificate of Occupancy

April 30, 2001

LVT Number: 14924

Landlord sued to eject tenant from a commercial unit because tenant's residential use wasn't covered by the building's C of O. Landlord claimed that this created an unsafe condition and violated the Multiple Dwelling Law. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. There were questions of fact about whether landlord knew tenant lived in the unit and whether the building was subject to the Multiple Dwelling Law. A trial was required.

Landlord sued to eject tenant from a commercial unit because tenant's residential use wasn't covered by the building's C of O. Landlord claimed that this created an unsafe condition and violated the Multiple Dwelling Law. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. There were questions of fact about whether landlord knew tenant lived in the unit and whether the building was subject to the Multiple Dwelling Law. A trial was required.

Sima Realty LLC v. Philips: NYLJ, 4/30/01, p. 22, col. 5 (App. Div.1 Dept.; Williams, JP, Tom, Wallach, Buckley, Friedman, JJ)

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