Change in Number of Units Without C of O Means Landlord Can't Collect Rent

LVT Number: #30212

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that no rent was owed under Multiple Dwelling Law (MDL) Section 302. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The building had been constructed in 1901 as an old-law tenement. In 2003, prior landlord altered the building by subdividing two apartments into four units. This increased the number of apartments in the building from 10 to 12. DOB issued a violation in 2018 for altering the building without obtaining a valid certificate of occupancy (C of O).

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West 47th Holdings LLC v. Eliyahu: 64 Misc.3d 133(A), 2019 NY Slip Op 51066(U) (App. T. 1 Dept.; 6/26/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)