Tenant Didn't Pay Use and Occupancy

February 1, 2000

LVT Number: 13827

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Tenant agreed in a settlement agreement to pay use and occupancy while the case was pending. Tenant later stopped paying the use and occupancy, claiming that certain repairs were needed in the apartment. The court ruled that repair issues could be raised separately in an HP proceeding and that tenant must pay the outstanding use and occupancy. Otherwise, the court would give landlord a judgment of possession.

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Tenant agreed in a settlement agreement to pay use and occupancy while the case was pending. Tenant later stopped paying the use and occupancy, claiming that certain repairs were needed in the apartment. The court ruled that repair issues could be raised separately in an HP proceeding and that tenant must pay the outstanding use and occupancy. Otherwise, the court would give landlord a judgment of possession.

Rothman v. Tatai: Index No. 072953/99 (Civ. Ct. NY 1/14/00; Scheckowitz, J) [3-pg. doc.]

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