No Use and Occupancy While Nonpayment Case Pending

November 1, 1994

LVT Number: 9220

Facts: Landlord sued to evict 37 tenants for nonpayment of rent, and asked the court to order them to pay use and occupancy while the case was pending. Tenants claimed a breach of the warranty of habitability, based on the 324 outstanding housing code violations on record for the building. Landlord stated that it needed the use and occupancy to keep up the building and correct the violations. Court: Landlord can't get use and occupancy while the nonpayment case is pending.

Facts: Landlord sued to evict 37 tenants for nonpayment of rent, and asked the court to order them to pay use and occupancy while the case was pending. Tenants claimed a breach of the warranty of habitability, based on the 324 outstanding housing code violations on record for the building. Landlord stated that it needed the use and occupancy to keep up the building and correct the violations. Court: Landlord can't get use and occupancy while the nonpayment case is pending. Landlord didn't show that it couldn't meet operating expenses without these funds, or that it would suffer irreparable financial harm. Plus, the numerous housing violations indicated that tenants' habitability claims have merit.

Realty Development Co. v. Ray: NYLJ, p. 25, col. 4 (10/19/94) (Civil Ct. Kings; Gould, J)

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