Chatsworth 72nd Street Corp. v. Rigai

These two summary nonpayment proceedings were tried jointly, by consent of all parties, and this opinion applies to both.

I find for landlord in each proceeding.

*648Both tenants are musicians, who have occupied their two-room studio apartments, in the basement of the large, choice apartment house on 72nd Street and West End Avenue, since 1964 and 1967 at monthly rents of $85 and $100, respectively. However, neither has paid any rent since February, 1971, relying on the fact that occupancy of their basement apartments is illegal.

Tenants have urged that they can remain in possession forever, without…