Use Violation Barred Rent Collection from Rent-Stabilized Tenant

February 25, 2019

LVT Number: #29940

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that the operation of a boxing club on the floor directly below tenant's unit violated the building's Certificate of Occupancy. Landlord argued that, since the C of O violation was commercial rather than residential, it shouldn't matter. The court disagreed and dismissed the case. MDL Section 301 barred rent collection where a nonconforming use violated the C of O.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that the operation of a boxing club on the floor directly below tenant's unit violated the building's Certificate of Occupancy. Landlord argued that, since the C of O violation was commercial rather than residential, it shouldn't matter. The court disagreed and dismissed the case. MDL Section 301 barred rent collection where a nonconforming use violated the C of O. It didn't matter whether it was commercial or residential.

DLMC Inc. v. Helmholtz: Index No. 66992/18, NYLJ No. 1546757551 (Civ. Ct. NY; 12/14/18; Schneider, J)

Topics

More like this