Violations in One Apartment

March 1, 1999

LVT Number: 13090

Landlord sued to evict 14 tenants, at four different addresses, for nonpayment of rent. All tenants received rent subsidies from the DSS, but the DSS had withheld rent payments to landlord after inspectors found hazardous violations at the building. Landlord made most of the needed repairs, but violations remained in one apartment. Landlord claimed that this shouldn't bar all the nonpayment claims. The court ruled against landlord. Given the uncorrected violations in one apartment, the cases against all other tenants must be dismissed.

Landlord sued to evict 14 tenants, at four different addresses, for nonpayment of rent. All tenants received rent subsidies from the DSS, but the DSS had withheld rent payments to landlord after inspectors found hazardous violations at the building. Landlord made most of the needed repairs, but violations remained in one apartment. Landlord claimed that this shouldn't bar all the nonpayment claims. The court ruled against landlord. Given the uncorrected violations in one apartment, the cases against all other tenants must be dismissed. Even though there were four separate addresses, they made up one building since they were connected with common entrances and heating systems.

Lalita, LLC v. Milon: NYLJ, p. 30, col. 3 (2/10/99) (Dist. Ct. Suffolk; Kahn, J)

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