Tenant Didn't Pay Use and Occupancy

March 1, 1998

LVT Number: 12140

Landlord sued to evict tenant for nonprimary residence. Landlord later sought payment of use and occupancy at a rate higher than tenant's rent and immediate possession of the apartment, based on a DHCR order that deregulated tenant's apartment at the end of her lease term. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant didn't appear at the lower court hearing to determine the proper amount of use and occupancy. So the court properly based the amount of use and occupancy on information contained in landlord's sworn statement.

Landlord sued to evict tenant for nonprimary residence. Landlord later sought payment of use and occupancy at a rate higher than tenant's rent and immediate possession of the apartment, based on a DHCR order that deregulated tenant's apartment at the end of her lease term. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant didn't appear at the lower court hearing to determine the proper amount of use and occupancy. So the court properly based the amount of use and occupancy on information contained in landlord's sworn statement. Tenant's failure to pay use and occupancy was a violation of a condition of her right to remain in the apartment, so it was proper for landlord to seek a money judgment and eviction.

Rose Assocs. v. Johnson: NYLJ, p. 26, col. 2 (2/9/98) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Ellerin, Tom, JJ)

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