Zarfin Realty Corp. v. Reilly

Single room occupancy by more than the permitted number of persons does not of itself establish illegality; it must be shown further that one or more of the requirements of section 248 of the Multiple Dwelling Law and section D-26-3.7 of the Administrative Code of the City of New York were not satisfied (Shapiro v. Collins, 6 A D 2d 1038; Realty Associates, v. Bausch, 17 Misc 2d 874). There was no attempt to show that these requirements had not been met, other than through the notice of violation of the Department of Buildings and that notice is completely silent with respect to the physical…