Case Type
Non-payment
Housing Type
Not Stated
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
Slip Opinion Number
2026 NY Slip Op 51715(U)
Petitioner
65 FW Owner LLC
Respondent
Vianca V. Espinal; John Doe; Jane Doe
Judge
Tisch, J.P., Perez, Alpert, JJ.
Decision/Order Date
2026-10-15
Posture
Post-Answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A DOB violation for illegal use of two first-floor apartments as medical offices — in violation of the building's certificate of occupancy — barred the landlord from maintaining this nonpayment proceeding. The Appellate Term reversed the Housing Court's denial of tenant's summary judgment motion, holding that MDL § 302(1)(b) bars a landlord from recovering rent or maintaining a nonpayment proceeding for any period of noncompliance. The violation's post-commencement resolution did not permit the proceeding to continue; summary judgment for tenant was required and the proceeding was dismissed.
Keywords
MDL § 301; Violation of the Certificate of Occupancy; Removal of Violation After Commencement; Dismissal Still Required Under MDL § 302[1][b]; Housing Court Should Have Granted Tenant's Summary Judgment Motion
Recommended Citation
"65 FW Owner LLC v. Espinal" (2026). All Decisions. 2526.
https://ir.lawnet.fordham.edu/housing_court_all/2526
