and maintenance of the illegal unit (See 58 East 130th Street LLC v. Mouton, 25 Misc 3d 509, 2009
NY Slip Op. 29309 [Civ Ct, NY County 2009]; Hart-Zafra v. Singh, 16 AD3d 143 [1st Dept 2005]). In
Chazon, supra, the Court of Appeals made it clear that no such limitation was
mandated under the law and went on to opine that the limitation of the application of
MDL § 302 "may make sense from a practical point of view...but we find nothing in
the opinions endorsing such results... and nothing anywhere else to explain how they can
be reconciled with the text of the statute. They simply cannot." (Id. at 415; see also West 47th Holdings LLC v.
Eliyahu, 64 Misc 3d 133[A], 2019 NY Slip Op. 51066[U] [App Term, 1st Dept
2019] ["If a dwelling or structure is 'occupied in whole or in part for human habitation in
violation of [MDL 301] [n] rent shall be recovered by the owner of such premises and no
action or special proceeding shall be maintained therefore, or for possession of said
premises for nonpayment such rent.' GVS Properties LLC v. Vargas, 59 Misc 3d 128[A], 2018
NY Slip Op. 50396[U] [App Term, 1st Dept 2016] aff'd 172 AD3d 466 [1st Dept 2019]
( non payment barred even if tenant's apartment was not one of the newly created
apartments."]; 49 Bleeker, Inc v Gatien, 157 AD3d 619 [1st Dept 2018](owner of
respondents' dwelling, was precluded from charging respondents rent or other
remuneration while the building lacked a certificate of occupancy for residential use; 1165 Fulton Ave HDFC v.
Goings, 65 Misc 3d 1210(A), 119 N.Y.S.3d 9 (NY Civ. Ct. 2019) (dismissing
non payment proceeding pursuant to MDL 301 and 302);(Malden v Wykoff S.P., LLC,
192 AD3d 1002 [2021]; Barrett Japaning, Inc. v Bialobroda, 190 AD3d 544 [2021];
Matter of GVS Props. LLC v