Landlord Can't Bring Housing Court Case to Recover Illegal Basement Apartment

November 1, 1998

LVT Number: 12747

Landlord sued to evict tenant from an illegal basement apartment. The building was a multiple dwelling with three legal apartments and one other illegal basement apartment. The court ruled against landlord. Since there was no certificate of occupancy for the illegal apartment, landlord couldn't proceed against tenant in housing court. Landlord has to start an ejectment action in State Supreme Court.

Landlord sued to evict tenant from an illegal basement apartment. The building was a multiple dwelling with three legal apartments and one other illegal basement apartment. The court ruled against landlord. Since there was no certificate of occupancy for the illegal apartment, landlord couldn't proceed against tenant in housing court. Landlord has to start an ejectment action in State Supreme Court.

Frank Pizza Irrevocable Trust v. Burns: NYLJ, p. 29, col. 1 (10/7/98) (Civ. Ct. Kings; Sikowitz, J)

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