Tenant Must Pay Rent into Court

Facts: Tenant sued landlord in state supreme court. Among other things, tenant sought a declaration that he was rent-stabilized, that he was entitled to a renewal lease and that his apartment included a wood deck terrace. The court ruled for tenant without a trial on these issues. The court also ruled that the issue of whether the roof deck was legal should be decided by the housing court. The supreme court ordered that the case be transferred and that tenant pay over $11,000 in back rent into court. Tenant appealed, claiming he shouldn't have to pay the rent into court and that the case shouldn't be transferred. Court: Tenant loses. Tenant asked the court to declare the rights of landlord and tenant. The court has the authority to order the payment of rent into court to preserve the rights of both landlord and tenant. In addition, the housing court has the power to rule on whether the roof deck is in compliance with governing law and regulations. And if a landlord-tenant issue can be resolved in housing court, it should be decided there.

Conforti v. Goradia: NYLJ, p. 27, col. 1 (1/3/97) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Ross, JJ)