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 No. 301161-25

Slip Opinion Number

2026 NY Slip Op 50087(U)

Petitioner

SG & Sons Realty LLC.

Respondent

Ali Ahmed Noman, Mohamed Esa

Judge

Cohen, Hannah

Decision/Order Date

2026-01-27

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In a non-payment proceeding, the tenant moved for summary judgment dismissal, asserting the landlord was barred from collecting rent due to an active Department of Buildings violation for occupancy contrary to the certificate of occupancy (CofO). The court granted the tenant's motion, dismissing the petition without prejudice. Citing *Chazon LLC v Maugenest* and Multiple Dwelling Law §§ 301 and 302, the court held that an open CofO violation for any part of a dwelling bars the landlord from recovering rent for the entire premises, even if the tenant's specific unit is not directly implicated.

Keywords

Violation Of Certificate Of Occupancy Bars Rent Collection In All Building Units, Nonpayment Dismissed For Violation of C Of O, MDL § 301, MDL § 302

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