Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-331559-24/KI

Petitioner

155 LINDEN LLC

Respondent

TYLEN TAMIK WASHINGTON, QURAN WASHINGTON (as John Doe), JANE DOE

Judge

Poley, Julie, J.

Decision/Order Date

2025-12-04

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the tenant moved for leave to amend their answer and for summary judgment on affirmative defenses under Multiple Dwelling Law (MDL) §§ 301 and 302. The court granted leave to amend and then granted summary judgment to the tenant. It was undisputed that the building had sixteen open Department of Building (DOB) violations and partial vacate orders for unauthorized conversion of commercial space into apartments, which contravened the certificate of occupancy. Citing *Chazon, LLC v. Maugeneset*, the court held that these violations precluded the landlord from collecting rent, regardless of whether the tenant's specific unit was affected. The proceeding was dismissed.

Keywords

MDL §§ 301 & 302(1)(b); Certificate of Occupancy; Nonpayment Petition Dismissed Based on DOB Violations Proving Uses Not Allowed by Certificate of Occupancy

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