Tenant Illegally Used Basement as Residence

LVT Number: 10419

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the lower floor of his duplex apartment was an illegal apartment, violating the building's certificate of occupancy. Tenant therefore argued that landlord couldn't collect rent. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord proved that the basement portion of the duplex was to be used for storage purposes only. The residential living space was limited to the ground-floor portion of tenant's apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the lower floor of his duplex apartment was an illegal apartment, violating the building's certificate of occupancy. Tenant therefore argued that landlord couldn't collect rent. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord proved that the basement portion of the duplex was to be used for storage purposes only. The residential living space was limited to the ground-floor portion of tenant's apartment. Any nonconforming use of the basement was due to tenant's own conduct, so he couldn't claim landlord wasn't entitled to collect the rent.

Eighty-First Associates v. Morell: NYLJ, p. 30, col. 1 (2/14/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)