The Barring of Rent in the Absence of a Certificate of Occupancy—A Rule Still In Need of Much Clarification
It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.
September 06, 2023 at 12:00 PM
11 minute read
Since the Court of Appeals issued its ruling in Chazon v. Maugenest, 19 NY3d 410 (2012) (Chazon), it has long been understood that if a building which is a multiple dwelling (three units of more) does not have a certificate of occupancy (C/O), the owner may not maintain a non-payment proceeding for the recovery of rent.
Seems simple enough—until it's not.
Despite the seeming clarity of the rule, issues concerning a lack of a C/O have spawned considerable litigation throughout the various courts, often leading to a surprising number of disparate and conflicting results.
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