Case Type

Non-payment

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT-300038-25/BX

Slip Opinion Number

2026 NY Slip Op 51238(U)

Petitioner

452 City Island LLC

Respondent

Maria Avila, et al.

Judge

Danescu, Madalina

Decision/Order Date

2026-07-31

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of the Multiple Dwelling Law because an illegal basement apartment had been created without a permit, and two DOB violations issued in 2009 remained open. The court granted the motion, holding that where a building has been altered so that the I-card is no longer accurate, MDL § 302's rent-collection bar is automatically triggered and the landlord's discontinuation of the illegal occupancy is insufficient to cure the violation.

Keywords

Certificate of Occupancy Violation bars Collection of Rent; Open Violation is Prima Facie Evidence of a Continued Existence of a Condition; Discontinuing Occupancy of Illegal Unit is not Enough

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