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
LT-314072-24/NY
Slip Opinion Number
2026 NY Slip Op 31109(U)
Petitioner
191 AUDUBON CORP.
Respondent
DARLIN GOMEZ; JOHN DOE; JANE DOE
Judge
Blinova, Yekaterina
Decision/Order Date
2026-02-06
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court dismissed nonpayment petition under MDL §§ 301 and 302 because two open DOB violations found uses of the building contrary to the certificate of occupancy. Court reaffirmed the well-established principle that MDL §§ 301-302 violations preclude the owner from collecting rent or maintaining a nonpayment proceeding for all units in the building, not merely the units directly implicated by the violation.
Keywords
MDL § 301; MDL § 302; Certificate Of Occupancy; Occupancy Contrary To CO; DOB Violations; Entire Building Precluded From Collecting Rent; Not Limited To Affected Units
Recommended Citation
"191 Audubon Corp. v. Gomez" (2026). All Decisions. 2273.
https://ir.lawnet.fordham.edu/housing_court_all/2273
