Case Type
Non-Payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
300884/22-HA
Petitioner
East Harlem MEC Parcel C, LP
Respondent
Reggie Smalls, JOHN DOE, and JANE DOE
Judge
Ortiz, Frances A.
Decision/Order Date
2023-09-14
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
"In the decision, the court granted Respondent’s motion to dismiss pursuant to MDL Sec. 301 and 302 and held that the landlord could not maintain a non-payment proceeding or collect any rent where the is no proper Certificate of Occupancy.
While Petitioner argued that there was a permanent Certificate of Occupancy at some point in the past, the landlord then renovated the first-floor commercial space and was ordered to obtain a new Certificate of Occupancy. They received many temporary Certificates of Occupancy but allowed them to expire & never obtained a new permanent Certificate of Occupancy. The Court rejected Petitioner's argument that Respondent's apartment was unaffected by the first-floor renovation. The Court dismissed the non-payment proceeding and determined that Petitioner could collect no rent until it obtained a proper Certificate of Occupancy.
"
Recommended Citation
"East Harlem MEC Parcel C, LP v. Smalls" (2023). All Decisions. 1231.
https://ir.lawnet.fordham.edu/housing_court_all/1231
