JMW 75 LLC v. Wielaard

PER CURIAM.

PER CURIAM.

Order (Anne Katz, J.), entered July 31, 2014, affirmed, with $10 costs.

This illegal occupancy holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524[c] ), based upon the allegation that “a minor child of approximately six or seven years of age” was residing in the Single Room Occupancy hotel unit in violation of Housing Maintenance Code (Administrative Code of City of NY) § 27–2076(b), was correctly dismissed on tenant's motion. In the absence of any showing that a violation has been placed against the premises or that landlord was actually “subject to civil or criminal penalties,” the proceeding is premature (see 210 W. 94 LLC v. Concepcion, 2003 N.Y. Slip Op 50612[U] [App Term, 1st Dept 2003] ; 625 W. End Inc. v. Howard, 2001 N.Y. Slip Op 40496[U] [App Term, 1st Dept 2001] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur