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

May 25, 2020

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.

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.

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

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