Carcione v. Rizzo

The issue presented here is whether a tenant of an illegal apartment in a two-family house illegally occupied by three families has a right to sue for reimbursement of rents paid based on a claimed breach of warranty of habitability pursuant to Real Property Law § 235-b.

A landlord cannot maintain an action for rent against a tenant in a two-family house illegally occupied by three families in violation of section 325 (2) of the Multiple Dwelling Law (Corbin v Harris, 92 Misc 2d 480). Nor can a tenant who illegally occupies such a premises in violation of Multiple Dwelling Law § 325 (2)…