SG & Sons Realty LLC. v Noman

In a non-payment proceeding, the tenant moved for summary judgment dismissal, asserting the landlord was barred from collecting rent due to an active Department of Buildings violation for occupancy contrary to the certificate of occupancy (CofO). The court granted the tenant's motion, dismissing the petition without prejudice. Citing *Chazon LLC v Maugenest* and Multiple Dwelling Law §§ 301 and 302, the court held that an open CofO violation for any part of a dwelling bars the landlord from recovering rent for the entire premises, even if the tenant's specific unit is not directly implicated.