Ehrenfeld v. Ward

The landlord brought this proceeding to evict the tenants on the ground that the demised premises were being illegally used for single-room occupancy. It has been repeatedly held that in such a proceeding a case is not made out by merely showing the number of occupants in an apartment and the disposition of their sleeping quarters. There must be, in addition, proof that the physical layout of the apartment, particularly the means of egress, makes such occupancy illegal by virtue of section 248 of the Multiple Dwelling Law and section D26-3.7 of the Administrative Code (Shapiro v. Collins, 6 A…