Landlord Can't Sue Tenants for Rent Where Building Lacked C of O

LVT Number: #28366

Landlord sued to evict two loft tenants in the same building for nonpayment of rent. The court dismissed the cases. The building was an interim multiple dwelling under a Loft Board Order. Multiple Dwelling Law Section 302(1) provided that landlord couldn't collect rent from tenants because the building lacked a Certificate of Occupancy. 

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177 Water Street Realty Corp. v. Gallo: Index No. 7349/17, NYLJ No. 1520918097 (Civ. Ct. Kings; 3/9/18; Ortiz, J)