Vargas, 172 AD3d 466 [2019]; Matter of 49 Bleecker, Inc. v Gatien, 157 AD3d 619
[2018]; Hart-Zafra v Singh,
16 AD3d 143 [2005]; Trafalgar Co. v. Malone, 73 Misc 3d 137(A), 155 N.Y.S.3d
272 (NY App. Term. 2021).
The purpose of MDL 302 is to obtain and maintain high quality safe dwellings
throughout the city. As petitioner presumably was responsible for installing the stairwell
from apartment 1f to the cellar as well as installing sink and bathroom fixtures in unit 1f,
the apartment is not in compliance with the certificate of occupancy currently. As such,
petitioner cannot maintain this proceeding. No evidence has been presented that
respondent's created the illegal condition such as building the connecting stairwell or
failed to prohibit the petitioner from correcting such a condition.
Based upon the violations listed by HPD, including the violation for an illegal cellar
attached by a stairwell to unit 1F, the petitioner is not in compliance with the certificate
of occupancy and cannot maintain this non payment proceeding. Respondent's motion is
granted and the petition is dismissed. The court need not address respondent's other
defenses or claims in the light of the above. Petitioner and respondent are encouraged to
work together to remove the violations forthwith.
Respondent's motion to dismiss is granted.
This constitutes the decision and order of this court.
Dated: November 22, 2022
Brooklyn, New York
Hannah Cohen, J.H.C.