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 307535/22
Petitioner
BROADWAY 69 LLC
Respondent
BRIAN EVINS, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2026-02-13
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 tenant argued that the landlord was barred from collecting rent under Multiple Dwelling Law § 302 because the building was occupied in violation of its certificate of occupancy. A DOB/ECB violation existed for unlawful use of another apartment for psychic readings during the period for which rent was sought. The court found that MDL § 302 applies strictly, precluding retroactive rent collection during the period of violation, even if the landlord was not at fault and attempted to cure.
Keywords
Illegal Use; Building-Wide Rent Forfeiture; Violation Of Certificate Of Occupancy Bars Rent Collection In All Building Units; Nonpayment Dismissed For Violation of C Of O; MDL § 301; MDL § 302
Recommended Citation
"BROADWAY 69 LLC v. Evins" (2026). All Decisions. 2150.
https://ir.lawnet.fordham.edu/housing_court_all/2150
