Tenant's Basement Apartment Violated C of O

LVT Number: #30427

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that his basement apartment occupancy violated the building's Certificate of Occupancy. The court ruled for tenant. Multiple Dwelling Law Section 302 provides that a landlord can't collect rent when a unit's residential use is in violation of the building's C of O. There was an open, unresolved ECB violation stating that occupancy of tenant's apartment was in violation of the C of O. So, the case must be dismissed.

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1165 Fulton Ave HDFC v. Goings: 2019 NY Slip Op 51567(U)(Civ. Ct. Bronx; 9/13/19; Tovar, J)