The circumstance that plaintiff owner, during the period in question, permitted defendants to reside in the subject basement apartment without obtaining a proper certificate of occupancy for the unit precludes his recovery of use and occupancy ( see Jalinos v. Ramkalup, 255 AD2d 293). This is not a situation in which the owner was prevented by the occupants from bringing the unit into compliance ( cf. First Edition Composite v. Wilkson, 177 AD2d 297).