Court Limits Monthly Use and Occupancy Payment

Landlord sued to evict tenant, and asked the court to order payment by tenant of monthly use and occupancy while the case was pending. Landlord also asked the court to rule in its favor without a trial. The court denied landlord's summary judgment request and ordered tenant to pay $3,025 per month prospectively but not retroactively.

Landlord appealed and lost. A trial was needed to determine relevant facts, including whether the apartment was subject to rent regulation, and whether the parties engaged in a scheme to evade the rent laws in a prior court proceeding stipulation. When prior rent-controlled tenant died, landlord sued to evict tenant, who was then an occupant. Landlord and tenant then signed an agreement that occupant would move out temporarily while landlord made renovations, and wouldn't contest the legal rent or regulatory status of the apartment. Occupant also then signed a lease making him a deregulated tenant at a monthly rent at $3,025. The court reasonably exercised discretion in its use and occupancy award, which wasn't a permanent ruling on the amount of monthly rent owed.

500 Cathedral Parkway LLC v. Gutierrez: 61 Misc.3d 148(A), 2018 NY Slip Op 51723(U)(App. T. 1 Dept.; 12/3/18; Shulman, PJ, Cooper, Edmead, JJ)