currently has no valid certificate of occupancy for the premises and pursuant to MDL
302(1)(b), petitioner cannot collect rent as respondent is living in an illegal duplex with
the bottom floor being a cellar. Respondent also argues that the petitioner failed to
provide a 30 day rent demand per FDCPA.
Petitioner opposed the motion and produced a de regulated lease extension
agreement signed November 1, 2022 through October 31, 2024 by both respondents and
the petitioner. The court acknowledges that said lease renewal is not the approved rent
stabilized lease renewal form mandated by the Rent Stabilization Code. Petitioner further
argues that the bottom level of the unit was to be used for storage or recreational space
only and that there is no violation of the multiple dwelling law as respondent created the
illegality by living on the bottom floor.
In reply respondent produces HPD violations issued July 17, 2023, A violation to
"file plans and [*2]application and legalize the following
alteration or restore to the legal condition existing prior to the making of said alteration
floor pierced from first story stairs created from apartment 1f to cellar, at cellar." Another
HPD violation "B" issued on July 17, 2023 "discontinue use of rooms for living,
disconnect plumbing fixtures and properly seal pipe connection wash basin and water
closet at cellar." Respondent also contends that the lease extension is not a valid lease as
it was not written on the approved rent stabilization lease renewal forms, that petitioner
was aware of the living conditions in the cellar as the landlord and the super were in the
apartment on several occasions.
Summary judgement "shall be granted if, upon all the papers and proof submitted,