Tenants Must Address Complaints About Certificates of Occupancy to DOB

Tenants sued landlord and its management company, claiming that landlord obtained temporary certificates of occupancy (COs) for an additional floor atop four adjoining buildings in order to avoid complying with the requirements for obtaining non-temporary COs. Tenants argued that DOB required landlord to obtain new COs due to the construction of new penthouses and that landlord deliberately circumvented fire safety and other protections, including the installation of operable sprinklers. Tenants sought declarative and injunctive relief, including an injunction barring landlord from collecting rent until the safety issues were corrected and permanent COs were obtained. They also sought damages for habitability claims. The court granted landlord's request to dismiss the case and denied tenants' request for class certification, finding that there was no specific time frame within which to obtain a final CO in these circumstances and that tenants must first exhaust administrative remedies by challenging the temporary COs before DOB.

Kozak v. Kushner VIl. 329 E. 9th, LLC: Index No. 157448/2020, NYLJ No. 1669031734 (Sup. Ct. NY; 11/10/22; Cohen, J)