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

L&T 331559/24

Slip Opinion Number

2025 NY Slip Op 35070(U)

Petitioner

155 Linden LLC

Respondent

Washington, Tylen Tamik; John Doe; Jane Doe

Judge

Poley, Julie

Decision/Order Date

2025-12-08

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court granted the tenant's motion for leave to file an amended answer and for summary judgment. The landlord sought rent arrears for a Rent Stabilized apartment. The tenant argued that the landlord was barred from collecting rent due to open Department of Buildings (DOB) violations indicating occupancy contrary to the building's certificate of occupancy. Citing MDL §§ 301 and 302 and the controlling precedent of *Chazon, LLC v. Maugeneset*, the court found that the sixteen open DOB violations for unauthorized conversion of commercial space precluded the landlord from prosecuting the nonpayment action, 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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