Hector Vargas, the superintendent of a Bronx apartment building, allowed his mother to live in the basement's "storage area."
Not only was this use illegal (violative of the building's certificate of occupancy), but the area was not part of the first-floor apartment which the super occupied as an incident of his employment. As a result, the Bronx County Civil Court granted a judgment of posession in the landlord's favor.
On appeal, the Appellate Term, First Department, affirmed.
We shudder to think where momma is living now.
For a copy of the Appellate Term's decision, please use this link: 2727 Realty LLC v. Vargas