Landlord-Tenant—Nonpayment Proceeding —Prime Tenant Could Not Collect Rent Under Circumstances That Would Preclude an Owner From Collecting Rent—Building Lacked a Residential C of O, Registration With HPD or the Loft Board and Was a De Facto Multiple Dwelling With a Commercial C of O
A nonpayment proceeding had been commenced by a petitioner who was not the landlord-owner of the subject building. He was the prime tenant, holding the lease for the entire floor of the building on which the subject apartment is located. He had sublet the apartment to the residential respondent. The petition acknowledged that the building was a de facto multiple dwelling. There was no multiple dwelling registration nor a residential certificate of occupancy (C of O) for the building.
