Tenant Must Pay Use and Occupancy While Case Pending

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for not renewing her lease. Tenant claimed she never received the renewal offer and filed a complaint with the DHCR after landlord started the court proceeding. Tenant asked the court to delay landlord's eviction case pending a ruling by the DHCR. The court ruled for tenant but stated that in the meantime tenant must pay use and occupancy at the regular monthly rent. The court also stated that if the DHCR had made no ruling within three months, either side could ask the court to extend or vacate the stay.

Alexandru v. Pionegro: L&T Index No. 54180/96 (3/29/96) (Civ. Ct. Kings; Jacobson, J) [3-page document]