The Civil Court, Kings County, New York in 789 St. Marks Realty Corp v. Blakely granted tenant’s motion for summary judgment and dismissed the nonpayment eviction proceeding due to open Department of Buildings (DOB) violations for occupancy of the building in contravention of the building’s certificate of occupancy. The landlord did not dispute the existence of current certificate of occupancy violations. Instead, it argued it can maintain this proceeding because the violations did not adversely affect the structural integrity of the building or respondent’s specific unit. The court rejected this argument based on a Court of Appeal’s holding requiring strict compliance with Multiple Dwelling Law (MDL) § 301. Thus, the court held that NY MDL § 302’s penalty applies prohibiting the collection of rent or maintenance of any case seeking rent during the period of non-compliance.
Call or text experienced Buffalo eviction attorneys Justin R. Friedman and Robert Friedman at 716-543-3764 for advice on evicting tenants.
