Silamar Estates, Inc. v. Bien

This is a summary proceeding brought for the recovery of possession of premises because of failure to pay rent. The tenant sets up the defense that this property has been turned into a multiple dwelling and that the landlord has no right to this proceeding because no certificate of occupancy was issued to the landlord.

Section 301 of the Multiple Dwelling Law, under-heading “ Certificate of Compliance,” states therein: “No building hereafter constructed as or altered or converted into a multiple dwelling shall be occupied in whole or in part for human habitation until the issuance of a…