Landlord Can't Evict for Overcrowding

April 1, 2003

LVT Number: 16431

Landlord sued to evict tenant for overcrowding tenant's rent-stabilized apartment. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that tenant exposed landlord to civil or criminal penalties by allowing rooms in the apartment to be occupied for sleeping purposes by more than two adults. But landlord didn't claim that any overcrowding violation had been placed against the building. Since landlord wasn't actually made subject to penalties, the case was properly dismissed.

Landlord sued to evict tenant for overcrowding tenant's rent-stabilized apartment. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that tenant exposed landlord to civil or criminal penalties by allowing rooms in the apartment to be occupied for sleeping purposes by more than two adults. But landlord didn't claim that any overcrowding violation had been placed against the building. Since landlord wasn't actually made subject to penalties, the case was properly dismissed. The overcrowding provisions of the Multiple Dwelling Law are designed to protect tenants against unsafe living conditions, not to give landlords an excuse for eviction.

210 W. 94 LLC v. Concepcion: NYLJ, 3/5/03, p. 19, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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