Building Had No C of O

March 1, 2001

LVT Number: 14808

Landlord sued to evict tenant. The court ruled for landlord, and landlord asked for an award of use and occupancy for the period while tenant remained in the unit during the court case. The court ruled against landlord. Landlord appealed and lost. Tenant lived in the building during a period when the building didn't have a certificate of occupancy (C of O) permitting residential use. Under the Multiple Dwelling Law, landlord couldn't demand unpaid rent or use and occupancy from residential tenant when the building had no C of O.

Landlord sued to evict tenant. The court ruled for landlord, and landlord asked for an award of use and occupancy for the period while tenant remained in the unit during the court case. The court ruled against landlord. Landlord appealed and lost. Tenant lived in the building during a period when the building didn't have a certificate of occupancy (C of O) permitting residential use. Under the Multiple Dwelling Law, landlord couldn't demand unpaid rent or use and occupancy from residential tenant when the building had no C of O.

S&M Enterprises v. Lee: NYLJ, 2/5/01, p. 23, col. 4 (App. Div.1 Dept.; Rosenberger, JP, Nardelli, Ellerin, Saxe, Friedman, JJ)

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