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Claire Shulman's Illegal Conversion link

Posted by Anna on June 08, 1999 at 17:15:52:

In Reply to: Rent Bar posted by lm on June 08, 1999 at 09:16:35:

: Does the "Illegal Conversion" rent bar (NY) that prohibits LL from bringing a nonpayment proceeding apply to both a summary proceeding to collect past rent and\or a small claims court proceeding? Or is the LL allowed to circumvent the rules by going to small claims court

: Thanks

Sec. 302. Unlawful occupation.

b. 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.

That is the actual law: MDL 302.b.: an 'action' is a lawsuit, so it should mean that lawsuits for back-rent and/or for possession in multiple dwellings are barred. However, a plain-English reading of the law does not always work. There has been a lot of discussion of this subject this year: use the search feature and click on the link below to Claire Shulman's page on the subject.

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