Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023

LVT Number: #33008

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of habitability, harassment, and repayment for repairs made by tenant. The court granted tenant's request to dismiss the case based on noncompliance with the building's Certificate of Occupancy (C of O). HPD violations included a violation for an illegal cellar attached by a stairwell to a first-floor apartment. Tenant didn't create this condition.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of habitability, harassment, and repayment for repairs made by tenant. The court granted tenant's request to dismiss the case based on noncompliance with the building's Certificate of Occupancy (C of O). HPD violations included a violation for an illegal cellar attached by a stairwell to a first-floor apartment. Tenant didn't create this condition. Since landlord wasn't in compliance with the C of O, it couldn't maintain the nonpayment proceeding.

United 90 LLC v. Gonzalez: Index No. 310921-2023, 81 Misc.3d 1206(A), 2022 NY Slip Op 51412, NYLJ 11/29/23, p. 17, col. 2 (Civ. Ct. Kings; 11/22/23; Cohen, J)

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