Tenant Must Pay Use and Occupancy Pending Ruling

July 10, 2013

LVT Number: #24882

Landlord sued to evict tenant, claiming that the tenancy was unregulated. Tenant claimed that she was subject to Loft Law coverage and asked the court to delay ruling on landlord's case until her pending coverage application before the Loft Board was decided. The court ruled for tenant but denied landlord's request for payment of interim use and occupancy while the Loft Board case was pending. Landlord appealed and won. Tenant must pay use and occupancy in the amount previously paid as rent each month.

Landlord sued to evict tenant, claiming that the tenancy was unregulated. Tenant claimed that she was subject to Loft Law coverage and asked the court to delay ruling on landlord's case until her pending coverage application before the Loft Board was decided. The court ruled for tenant but denied landlord's request for payment of interim use and occupancy while the Loft Board case was pending. Landlord appealed and won. Tenant must pay use and occupancy in the amount previously paid as rent each month. The court also directed tenant to pay the money to the court rather than directly to landlord.

Park Corner Development LLC v. Veronese: 39 Misc.3d 150(A), 2013 NY Slip Op 50961(U)

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