Condo Board Qualified as Landlord Living in Building

June 30, 2006

LVT Number: 18943

Tenants sued landlord of condo building, claiming that landlord didn't provide a resident janitor. The court ruled for tenants. Landlord appealed, arguing that the court misinterpreted the law. The appeals court ruled for landlord. MDL Section 83 states that landlord must provide a resident janitor when there are 13 or more apartments and landlord doesn't live in the building. Tenants' building had almost 40 apartments, but under the MDL the condominium board of managers qualified as a landlord living in the building. So landlord didn't have to provide a resident janitor.

Tenants sued landlord of condo building, claiming that landlord didn't provide a resident janitor. The court ruled for tenants. Landlord appealed, arguing that the court misinterpreted the law. The appeals court ruled for landlord. MDL Section 83 states that landlord must provide a resident janitor when there are 13 or more apartments and landlord doesn't live in the building. Tenants' building had almost 40 apartments, but under the MDL the condominium board of managers qualified as a landlord living in the building. So landlord didn't have to provide a resident janitor.

Hatcher v. Bd. of Managers of the 420 W. 23 St. Condominium: NYLJ, 6/21/06, p. 33, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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