When Yolanda Pickering sued her former landlords for failing to return her security deposit, they countersued claiming she owed them three months rent.
Because the building contained an illegal apartment, the Richmond County Civil Court awarded Pickering a refund.
Since this dispute involved a single-family home, and the law's rent-forfeiture penalty only applied when there's an illegal apartment in a "multiple dwelling," the Appellate Term, Second Department, reversed.
According to the AT2, the owners were entitled to the back rent and could keep Pickering's security money as an offset.
Is there no arguing with that?
To view a copy of the Appellate Term's decision, please use this link: Pickering v. Chappe