Super Needn't Pay Rent or Use and Occupancy While Case Pending

September 30, 2004

LVT Number: 17650

Landlord sued to evict building superintendent after terminating his employment. The super asked the court to delay the eviction case while his employment termination was being reviewed in arbitration. Landlord argued that the super should pay use and occupancy if the eviction case was delayed. The court ruled against landlord. The super lived in a basement apartment that might be illegal under the town code. The super didn't have to pay use and occupancy until a hearing was held to determine if his apartment was legal.

Landlord sued to evict building superintendent after terminating his employment. The super asked the court to delay the eviction case while his employment termination was being reviewed in arbitration. Landlord argued that the super should pay use and occupancy if the eviction case was delayed. The court ruled against landlord. The super lived in a basement apartment that might be illegal under the town code. The super didn't have to pay use and occupancy until a hearing was held to determine if his apartment was legal.

Reelty Group of Long Island, Inc. v. Acosta: NYLJ, 9/22/04, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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