Landlord Can't Get Use and Occupancy

May 31, 1995

LVT Number: 9769

Landlord sued to evict tenant. Tenant raised a number of issues in response and the case was delayed. Landlord then asked the court for use and occupancy (u and o) while the case was pending. The court ruled against landlord. RPAPL section 745(2)(a) allows landlord to request u and o when tenant has made two requests for adjournments. But the law doesn't permit imposition of u and o because tenant didn't assert certain defenses. The amount of time that has gone by since the case started is also not in and of itself a reason to award u and o.

Landlord sued to evict tenant. Tenant raised a number of issues in response and the case was delayed. Landlord then asked the court for use and occupancy (u and o) while the case was pending. The court ruled against landlord. RPAPL section 745(2)(a) allows landlord to request u and o when tenant has made two requests for adjournments. But the law doesn't permit imposition of u and o because tenant didn't assert certain defenses. The amount of time that has gone by since the case started is also not in and of itself a reason to award u and o. Landlord's failure to begin court-ordered discovery is one of the obvious reasons the case has been delayed. Tenant hasn't tried to delay the case for no reason.

Classic Properties v. Martinez: NYLJ, p. 26,col. 4 (5/31/95) (Civ. Ct. NY; Bransten, J)

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