Case Type

Non-payment

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-302603-22/NY

Petitioner

True Group LLC

Respondent

JENNIFER ESPADA

Judge

Ferdinand, Tracy

Decision/Order Date

2024-04-29

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the tenant moved for summary judgment dismissing the petition on the grounds that the building lacked a valid certificate of occupancy in violation of the Multiple Dwelling Law (MDL). The court granted the tenant's motion after finding that, although the building predated certificate of occupancy requirements, substantial alterations converting class B units to class A apartments necessitated a new certificate per MDL § 301. Despite the landlord's claims of compliance with laws during renovations, it failed to refute an open HPD violation requiring legalization and a new certificate or provide any evidence of a valid, even temporary, certificate covering the rental period. Citing precedent, the court held that without a certificate, the nonpayment proceeding was barred by MDL § 302, even if the tenant's unit was not one newly created. As the landlord did not raise a triable issue countering the MDL violations shown, summary judgment dismissing the petition was warranted.

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