1250 Broadway, 27th Floor New York, NY 10001

NO CERTIFICATE OF OCCUPANCY = NO RENT

NONPAYMENT PROCEEDING WASN'T MAINTAINABLE

After the New York County Civil Court dismissed its nonpayment petition, the landlord – Ormonde Equities – appealed.

On its review of the dispute, the Appellate Term, First Department, noted that because the building lacked a valid “certificate of occupancy,” under state law, the owner wasn't  legally permitted to use a summary proceeding to collect rent. (See Multiple Dwelling Law §§ 301, 302[1][a],[b]).

Given that irregularity, the AT1 thought the Civil Court had “properly granted” the tenant's dismissal request and left the outcome undisturbed.

Don't you think they were pretty dismissive there?

# # #

DECISION

Ormonde Equities LLC v J.

Categories: