Judge Marc Finkelstein
In this nonpayment proceeding petitioner’s undertenants filed an application for Loft Law coverage. Undertenant Frank sought to consolidate this action with other nonpayment proceedings by petitioner prime tenant against occupants. The court granted the motion, noting there was no opposition. Frank also sought summary judgment dismissing the petitions arguing rent could not be collected under Multiple Dwelling Law §§301, 302 and 325. The court noted the apartments, rented for residential purposes, were in an admitted de facto multiple dwelling with a commercial, not residential certificate of occupancy, and there was no registration with the Loft Board, and no multiple dwelling registration with HPD. Petitioner argued as the overtenant, not owner, he had no ability to obtain a certificate of occupancy or building certifications. The court rejected such rationale. It declined to render a decision that would ignore the legislative intent of the MDL thereby permitting petitioner to collect rent which the landlord of the building would not be permitted to do under the exact same circumstances. Thus, as no issues of fact existed, respondent’s motion for summary judgment dismissing the petition was granted.
