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Tenants Must Pay Rent Before Certificate of Occupancy Issued

Semans v. Kennedy
(Civ. Ct. N.Y. Cty. 8/21/02)


Petitioner landlords commenced summary proceeding against respondent tenants to recover rent arrears. Tenants argued that they were not obligated to pay rent from the initial occupancy date until the time when landlords obtained of certificate of occupancy. Court rejected tenants' argument, ruling that lack of certificate of occupancy was not a barrier to landlord's collection of rent, since delay in issuance of certificate of occupancy was due to bureaucratic complications and to finishing details requested by tenants, and landlords' work on apartment did not threaten the building's structural integrity or the health and safety of tenants. Court ordered tenants to pay rent due. Link to Full Text of Decision

Tenants Must Pay Rent Before C of O Issued
New York Landlord v. Tenant: Apartment Law Insider Newsletter, November 2002

"Facts: Landlord sued to evict tenants of luxury apartment for nonpayment of rent in the amount of over $500,000."

"Court: Landlord wins, with some rent abatement awarded to tenants."   Read More...

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