Landlord Can't Collect Rent in Building Without Valid C of O

LVT Number: #30782

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a proper Certificate of Occupancy (C of O). The court ruled for tenant. Landlord had constructed a new floor with two penthouse apartments. And there were 13 outstanding DOB requirements needed to obtain a C of O. Landlord also had advertised the new apartments online since 2015. So no rent was collectible, and the case was dismissed.

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Kushner Vill. 329 E 9th LLC v. Winkler: Index No. 87375/15, NYLJ No. 1585556055 (Civ. Ct. NY; 3/24/20; Ortiz, J)