Court Can't Order Landlord to Restore Stove in Illegal Apartment

Tenant started an HP case against landlord in housing court, seeking repairs, restoration of a removed stove, and correction of building violations. Tenant had moved into the basement apartment in January 2020. After being away for a bit, tenant returned to the apartment in July 2020, was locked out, found her belongings packed up, and the stove removed. Tenant sued landlord for unlawful eviction but was readmitted and withdrew that case.

The court ruled against tenant in the HP case. Landlord received violation notices from DOB stating that landlord violated the Building Code by adding tenant's basement apartment to the one-family house. The violations didn't provide that landlord could correct them by filing to legalize the basement apartment. So the court couldn't order landlord to do anything that would contradict the violation notices. However, tenant's lease provided that the apartment had a stove. So tenant could start a separate case against landlord, to sue for money damages. 

Segre v. Mohabir: Index No. 592/20, 2020 NY Slip Op 20301 (Civ. Ct. Queens; 11/12/20; Sanchez, J)