Case Type
Non-payment
Housing Type
Market Rate
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571371/23
Slip Opinion Number
2024 NY Slip Op 50317(U)
Petitioner
East Harlem MEC Parcel C, L.P.
Respondent
Reggie Smalls, John Doe and Jane Doe
Judge
Tisch, J.P., James, Perez
Decision/Order Date
2024-03-25
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The appellate court affirmed the lower court's dismissal of the landlord's nonpayment petition against the tenant. The key issue was whether the landlord was precluded from recovering rent because the building lacked a valid certificate of occupancy after undergoing alterations. The court found that after a 2011 certificate was issued, the building had a "type 1" alteration including adding an eating/drinking establishment, and the subsequent temporary certificates from 2013-2015 had expired without a new certificate being issued. Under the Multiple Dwelling Law, a landlord cannot recover rent when the building lacks a valid certificate, even if the tenant's unit was not directly affected by the alterations. So the court ruled the landlord could not pursue the nonpayment case against the tenant due to the invalid certificate status resulting from the renovations.
Recommended Citation
"East Harlem MEC Parcel C, L.P. v. Smalls" (2024). All Decisions. 1432.
https://ir.lawnet.fordham.edu/housing_court_all/1432
