Tenant Must Pay Use and Occupancy

May 31, 1993

LVT Number: 7007

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the building was an interim multiple dwelling subject to the Loft Law. The trial court ordered tenant to pay use and occupancy while this issue was being decided. Tenant appealed, claiming that he shouldn't have to pay use and occupancy because landlord didn't get a certificate of occupancy for the building. The appeals court ruled that tenant must pay use and occupancy. Tenant didn't show that the building's condition posed a threat to tenant's health, safety, or welfare.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the building was an interim multiple dwelling subject to the Loft Law. The trial court ordered tenant to pay use and occupancy while this issue was being decided. Tenant appealed, claiming that he shouldn't have to pay use and occupancy because landlord didn't get a certificate of occupancy for the building. The appeals court ruled that tenant must pay use and occupancy. Tenant didn't show that the building's condition posed a threat to tenant's health, safety, or welfare. The building substantially conformed to the minimum standards set forth in the Multiple Dwelling Law.

Fink v. Rygelis: NYLJ, p. 32, col. 2 (5/7/93) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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