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
324234/23
Slip Opinion Number
2025 NY Slip Op 35131(U)
Petitioner
Intercontinental St Nicholas Associates LLC
Respondent
Roberto Honrado Alvarado, Yudelki Villar de Honrado, "John Doe", "Jane Doe"
Judge
Blinova, Yekaterina
Decision/Order Date
2025-12-17
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss, arguing the landlord failed to obtain a valid certificate of occupancy (COO) after subdividing the apartment, violating Multiple Dwelling Law (MDL) § 301. The court found it undisputed that the apartment was altered requiring a new COO, which the landlord did not possess. Consequently, under MDL § 302(b), the landlord was barred from collecting rent for an apartment without a valid COO for the period of noncompliance. The court granted the tenant's motion, dismissing the nonpayment petition because the tenant has never lived in an apartment for which the landlord could legally collect rent.
Keywords
MDL § 301; MDL § 302(b); No Valid Certificate of Occupancy; Landlord Cannot Collect Rent
Recommended Citation
"Intercontinental St Nicholas Assoc. LLC v. Alvarado" (2025). All Decisions. 2102.
https://ir.lawnet.fordham.edu/housing_court_all/2102
