Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 312360/25
Slip Opinion Number
2025 NY Slip Op 34948(U)
Petitioner
USC 462 WEST 141 LLC
Respondent
CHARMAINE RICHARDS
Judge
Guthrie, Clinton, J.
Decision/Order Date
2026-01-09
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved for summary judgment, asserting the landlord was precluded from collecting rent under Multiple Dwelling Law (MDL) § 302(1)(b) because the building was occupied contrary to its certificate of occupancy. The court granted the tenant's motion, taking judicial notice of HPD and OATH/ECB violations indicating unlawful combining of rooming units. The court confirmed that such violations prevent rent recovery and nonpayment proceedings for any unit, regardless of whether the unlawful occupancy directly relates to the tenant's apartment. The court also held that the MDL § 302 defense is not waivable and dismissed the landlord's petition.
Keywords
MDL § 302; Occupancy Contrary To Certificate Of Occupancy Precludes Collection Of Rent And Nonpayment Proceeding In All Units Of The Building; HPD Violations Are Prima Facie Evidence That The Condition Is Hazardous; MDL § 302 Defense Not Waived If Not Interposed In Prior Case
Recommended Citation
"USC 462 WEST 141 LLC v. Richards" (2026). All Decisions. 2076.
https://ir.lawnet.fordham.edu/housing_court_all/2076
