Illegally Occupied Basement No Bar to Nonpayment Case

November 1, 1993

LVT Number: 8304

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord couldn't collect the rent because the superintendent lived in an illegal basement apartment in the building. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Even though the super's apartment violated the building's certificate of occupancy (C of O), this didn't affect tenant in the sixth floor apartment or make tenant's occupancy illegal. Landlord can proceed with the nonpayment case, which was sent back for trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord couldn't collect the rent because the superintendent lived in an illegal basement apartment in the building. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Even though the super's apartment violated the building's certificate of occupancy (C of O), this didn't affect tenant in the sixth floor apartment or make tenant's occupancy illegal. Landlord can proceed with the nonpayment case, which was sent back for trial.

Shoretown Management v. Kahill: NYLJ, p. 27, col. 3 (10/28/93) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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