In Aspilaire v. Louis , Aspilaire's building was not properly registered as a multiple dwelling. The structure was an illegal three-family dwelling which did not have a c/o for the basement area occupied by Louis, the tenant.
When the landlord sought to evict Louis by way of a holdover proceeding, the Housing Part of the Kings County Civil Court entered a judgment of possession in the landlord's favor. On appeal, Louis argued that the c/o violation precluded the landlord's ability to maintain a summary proceeding.
The Appellate Term, Second Department, did not agree and held that "the lack of a proper multiple dwelling registration is not a jurisdictional bar to the maintenance of a holdover proceeding in which no money judgment is sought."
The AT reasoned that public safety and policy interests would not be advanced by forcing landlords into lengthier ejectment actions while tenants remain in occupancy of illegal (and possibly dangerous) apartment units.
(Like living in some "legal" units in this town ain't hazardous enough.)
For a copy of the following Appellate Term's decision, please use this link: Aspilaire v. Louis