Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    White-glove movers wrapping a large item in protective film before transport.
    Rent
    Best Luxury Moving Companies in NYC 2026: A Guide Based on Performance, Services, and Building Expertise
    Sponsored By Advertiser
    716 Broadway, #2
    New Construction + Condos
    What you need to know about buying a NYC condo or co-op with direct elevator access
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Manhattan skyline
    Rent
    With asking rents near record levels in August, many Manhattan and Brooklyn renters appear stuck
    Woman with suitcase in Brooklyn looking over the East River at Manhattan
    Rent
    Three years after Local Law 18 launch, registered short-term rental hosts number over 3,500 in NYC
    Blair on the roof of AtlanticBK
    Rent
    From Williamsburg to Bed-Stuy: I was tired of the tourists and wanted to live somewhere less hectic
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Jobst Hoffman's 1880 29 East 7th Street
    Live
    Jobst Hoffman's 1880 29 East 7th St: A double-flat building that is part of a whimsical trio
    The 1893 Henry A. Caesar House at 19 West 76th Street
    Live
    The 1893 Henry A. Caesar House at 19 West 76th St: A single-family home that became 14 apartments
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Buildings in Soho, NYC
    Rent
    Ask Altagracia: Our rent-stabilized building is being converted to condos. What are our rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: What are the rights of tenants in a building with a CO violation?

By Himmelstein McConnell Gribben & Joseph LLP  | May 23, 2019 - 10:00AM
image

A recent apellate court ruling bodes well for tenants in buildings with CO violations. 

iStock

My neighbors and I recently discovered that our rental building has a certificate of occupancy violation. What are our rights? Can we withhold our rent?

In a recent court case, the Appellate Division affirmed a judge’s ruling that tenants in a building with a certificate of occupancy violation were allowed to withhold rent, and you and your neighbors may be able to do the same, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

A certificate of occupancy, or CO, is required of all NYC landlords, and is issued based on existing building codes. If a landlord makes changes to a building, they’re obligated to update the CO.

In a recent case argued by Jesse Gribben of HMGDJ Law, tenants of one NYC building with an out-of-date CO formed a tenants association and organized a rent strike. A prior owner of the building had reconfigured the building to create additional apartments. The CO said there were 53 apartments, but the building currently has 60. Every unit is required to have two independent means of egress, but due to the landlord’s changes, most tenants do not have this,  a violation of building codes designed to protect tenants in the event of a fire.

“Only two lines in the building have access to a secondary means of egress,” Gribben explains. “The Department of Buildings requires the presence of 24/7 fire guards as a condition of continued occupancy of the building.”

In response to these conditions, the tenants withheld their rent and took legal action. A trial court judge ruled in their favor, finding that the CO was invalid and no tenants in the building were required to pay rent. Moreover, the tenants who have withheld rent are not required to pay it back.

The landlord appealed this decision, but two appellate courts unanimously ruled in favor of the tenants.

This decision is significant for NYC renters who find themselves living in buildings with nonexistent or invalid COs, as it represents the continuation of change from past court rulings.

“For several decades, courts had ruled that unless tenants could show that they were in an apartment that was illegal, or were directly impacted by the violation of the certificate of occupancy, they couldn’t take advantage of this right to withhold rent,” Himmelstein says.

But now, in light of this recent decision, all tenants in a building with a CO violation may be allowed to withhold rent, regardless of whether their individual apartments are illegal due to conditions like no means of egress.

“The trend is toward strict compliance. If you have 40 units in a building and you subdivide one to create additional apartments without getting a new CO, potentially that would trigger this defense and no tenant would have to pay rent,” Gribben says.

The problem of CO violations is widespread throughout the city, with landlords renovating buildings without updating existing documents or complying with current building codes.

For the tenants in this case, they don’t have to begin repaying rent until the landlord legalizes the building by creating the required means of egress and applying for a new CO. Furthermore, they won’t have to pay back rent—and they’ve been withholding payment since 2015.

If you suspect your building has an invalid CO, or lacks a CO entirely, check on its status with the DOB’s building information system. If you find a CO violation, consider forming a tenants association with your neighbors, going on rent strike, and finding legal representation to help you stand up for your rights in court.

 

Related: 

Ask Sam: What happens if my building doesn't have a certificate of occupancy? (sponsored)

Ask Sam: I just found out my apartment is illegal. What should I do?(sponsored)

Ask Sam: Can my landlord make me pay his legal fees? (sponsored)

Ask Sam: What kind of problems qualify me for a rent abatement? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam at [email protected] or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords Rent tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS