Unclear if Tenant's Use Violated Certificate of Occupancy

July 31, 2006

An owner notified an auto repair shop tenant that it would terminate its lease. The owner claimed that the tenant had violated the space's certificate of occupancy, which was issued in 1926 and authorized the use of the space only as a “public garage.” The tenant asked the court to temporarily block the lease termination to give it time to amend the certificate of occupancy to permit an automobile repair shop use.

An owner notified an auto repair shop tenant that it would terminate its lease. The owner claimed that the tenant had violated the space's certificate of occupancy, which was issued in 1926 and authorized the use of the space only as a “public garage.” The tenant asked the court to temporarily block the lease termination to give it time to amend the certificate of occupancy to permit an automobile repair shop use.

A New York court temporarily blocked the lease termination. It wasn't clear that the tenant's use of the space violated the certificate of occupancy, said the court. The court noted that the tenant had “plausibly” suggested that in 1926, the term “public garage” referred to an automobile service station. Other court cases likewise suggested that the term could be used in that way.

  • Singh v. Naraine: No. 15788/04, 2006 N.Y. Misc. LEXIS 1518 (N.Y. Sup. Ct. 6/22/06).

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