Posted by SRO: What Now? on December 11, 2000 at 11:50:22:
In regards to operating a Class B Multiple Dwelling without a valid Certificate of Occupancy since 1953
Please direct your eyes to The Multilple Dwelling Law Article 8...
Section 301 Certificate of Compliance or Occupancy
Secttion 302 Unlawful Occupation
"If any dwelling or structure be occupied in whole or part for human habitation in violation of Section 301, during such unlawful occupation...no rent shall be recovered by the owner of such premises for said period, and no action or special proceeding shall be maintained therefor, or for possession of said premises for nonpayment of such rent."
The LL has initiated numerous actions-including filing a PAR and having reversed an Order Finding Rent Overcharge, causing me to file for bankruptcy, actions in housing court to recover withheld rent, an eviction attempt, and now a notice to terminate tenancy alleging violation of my obligations as a stabilized tenant for "unjustifiably exhibiting a pattern of nonpayment/refusi
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