Tenant Must Pay Use and Occupancy While Case Pending

April 30, 1998

LVT Number: 12283

Landlord sued to evict tenants from their apartment. Tenants claimed that they had been forced to move out of their apartment due to construction work at the building and damage to their property during landlord's repair work in the apartment. Tenants hadn't paid rent in some time. Landlord asked the court to make tenants pay use and occupancy while the case was pending. The court ruled against landlord, and landlord appealed and won. While tenants claimed they didn't live in the apartment, their adult children did and tenants still had many of their possessions in the apartment.

Landlord sued to evict tenants from their apartment. Tenants claimed that they had been forced to move out of their apartment due to construction work at the building and damage to their property during landlord's repair work in the apartment. Tenants hadn't paid rent in some time. Landlord asked the court to make tenants pay use and occupancy while the case was pending. The court ruled against landlord, and landlord appealed and won. While tenants claimed they didn't live in the apartment, their adult children did and tenants still had many of their possessions in the apartment. Also, there were currently no housing code violations against the building. So landlord was entitled under RPL section 220 to collect use and occupancy while the case was pending. The appeals court sent the case back to the trial court to determine the amount of use and occupancy due.

Trump CPS, LLP v. Meyer: NYLJ, p. 26, col. 1 (4/9/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Williams, Tom, JJ)

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