Tenant Claims Building Used for Three Families

Landlord sued to evict month-to-month tenant living on the second floor of a two-family house. Tenant owed back rent. Landlord lived on the first floor. Tenant claimed that landlord illegally rented a third apartment in the basement of the building in violation of the building's certificate of occupancy. Tenant argued that for this reason landlord's petition should be dismissed. The court ruled against tenant. Although landlord apparently permitted a friend to stay in the basement for some undetermined period, and even accepted money from this person, there was no proof that landlord entered into a lease for the basement or altered that part of the house in violation of the law.

Conciatori v. Raffa: NYLJ, p. 22, col. 4 (8/21/96) (Civ. Ct. Bronx; Fiorella, J)