Building Not Registered

LVT Number: 15949

Landlord sued to evict tenants for nonpayment of rent. Tenants showed that the building had been converted to a multiple dwelling but that no multiple dwelling registration had been filed. There was also no C of O permitting use as a multiple dwelling. Tenants asked the court to dismiss the case for these reasons. The court ruled for tenants. Landlord appealed and lost. Landlord can't demand rent for the period during which there was no C of O.

Landlord sued to evict tenants for nonpayment of rent. Tenants showed that the building had been converted to a multiple dwelling but that no multiple dwelling registration had been filed. There was also no C of O permitting use as a multiple dwelling. Tenants asked the court to dismiss the case for these reasons. The court ruled for tenants. Landlord appealed and lost. Landlord can't demand rent for the period during which there was no C of O.

Hutchison v. Greski: NYLJ, 6/13/02, p. 24, col. 4 (App. T.2 Dept.; Aronin, JP, Patterson, Rios, JJ)