Landlord Can't Get Use and Occupancy

January 1, 1994

LVT Number: 8437

Landlord sued to evict loft tenant. Landlord asked the court to make tenant pay use and occupancy (u & o) while the case was pending. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord claimed it was unaware of the conversion of tenant's loft to residential use in 1981. But tenants offered proof that landlord had participated in the conversion and didn't comply with registration and certificate of occupancy requirements under the Loft Law. For these reasons, landlord can't collect u & o at this point.

Landlord sued to evict loft tenant. Landlord asked the court to make tenant pay use and occupancy (u & o) while the case was pending. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord claimed it was unaware of the conversion of tenant's loft to residential use in 1981. But tenants offered proof that landlord had participated in the conversion and didn't comply with registration and certificate of occupancy requirements under the Loft Law. For these reasons, landlord can't collect u & o at this point.

468-470 Ninth Avenue Corp. v. Randall: NYLJ, p. 26 col. 3 (12/6/93) (App. Div. 1 Dept.) (Sullivan, JP, Carro, Rosenberger, Ross, Asch, JJ)

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