USC 462 WEST 141 LLC v. Richards

In this nonpayment proceeding, the tenant moved for summary judgment, asserting the landlord was precluded from collecting rent under Multiple Dwelling Law (MDL) § 302(1)(b) because the building was occupied contrary to its certificate of occupancy. The court granted the tenant's motion, taking judicial notice of HPD and OATH/ECB violations indicating unlawful combining of rooming units. The court confirmed that such violations prevent rent recovery and nonpayment proceedings for any unit, regardless of whether the unlawful occupancy directly relates to the tenant's apartment. The court also held that the MDL § 302 defense is not waivable and dismissed the landlord's petition.