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. 

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. 

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