Landlord Can Seek Tenant's Eviction Based on Overcrowding

LVT Number: #30951

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court ruled for tenant after trial and dismissed the case because, absent a violation issued for overcrowding, it was premature under Rent Stabilization Code (RSC) Section 2524.3(c) for landlord to bring this case against tenant.

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321 Bay Ridge Co., Inc. v. Cordova: Index No. 2018-638KC, 2020 NY Slip Op 50954(U)(App. T. 2 Dept.; 8/21/20; Weston, JP, Elliot, Siegal, JJ)