Landlord Claimed Tenant Conducting ‘Rooming House' Business in Apartment

April 30, 1998

LVT Number: 12289

Landlord sued to evict rent-stabilized tenant for conducting a ''rooming house'' business out of her apartment in violation of the Multiple Dwelling Law. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. MDL section 248 permits occupancy by up to four roomers provided certain health and safety requirements are met. Although the Housing Maintenance Code bars occupancy by more than two boarders and tenant advertised for boarders, landlord didn't prove that there were more than two boarders at any given time.

Landlord sued to evict rent-stabilized tenant for conducting a ''rooming house'' business out of her apartment in violation of the Multiple Dwelling Law. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. MDL section 248 permits occupancy by up to four roomers provided certain health and safety requirements are met. Although the Housing Maintenance Code bars occupancy by more than two boarders and tenant advertised for boarders, landlord didn't prove that there were more than two boarders at any given time. Landlord also didn't prove that tenant had violated health and safety requirements or local zoning regulations.

Swett v. Batraville: NYLJ, p. 25, col. 5 (4/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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