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

L&T 302101-24

Petitioner

FORT WASHINGTON INTERCONTINENTAL ASSOCIATES, LLC

Respondent

NELIA RAMIREZ, «JOHN DOE» and «JANE DOE»

Judge

Meyers, Adam R.

Decision/Order Date

2025-12-19

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition. The landlord sought to recover rent from a residential tenant, but the tenant successfully argued that the building was in violation of Multiple Dwelling Law §§ 301 and 302. Specifically, the court found that the landlord had converted formerly residential units on the first floor into commercial medical offices, a use inconsistent with the building's I-Card. The court held that such commercial use, when inconsistent with a building's certificate of occupancy or I-Card, bars a landlord from recovering rent from any residential tenants in the building, despite the non-residential nature of the violation.

Keywords

MDL §§ 301 & 302(1)(b); Certificate of Occupancy & I-Card; Nonpayment Petition Dismissed Based on HPD and DOB Violations Proving Uses Not Allowed by Building I-Card; Landlord’s Commercial Uses Inconsistent with Certificate of Occupancy or I-Card Bars Recovery of Rent from Residential Tenants

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