Tenant Must Pay Use and Occupancy While Case Pending

September 30, 1997

LVT Number: 11792

Landlord sued to evict rent-stabilized tenant's brother after tenant died. Tenant's brother claimed pass-on rights to the apartment. Landlord asked the court to direct tenant's brother to pay use and occupancy while the case was pending. The court ruled for landlord. The case had been adjourned six times, no rent had been paid for the apartment in a year, and landlord claimed that failure to pay use and occupancy would result in a hardship for landlord and deprive him of money needed to maintain the building.

Landlord sued to evict rent-stabilized tenant's brother after tenant died. Tenant's brother claimed pass-on rights to the apartment. Landlord asked the court to direct tenant's brother to pay use and occupancy while the case was pending. The court ruled for landlord. The case had been adjourned six times, no rent had been paid for the apartment in a year, and landlord claimed that failure to pay use and occupancy would result in a hardship for landlord and deprive him of money needed to maintain the building. Although the delay was due to landlord's request for pretrial questioning, it was on balance fairer to require payment of use and occupancy so that landlord could maintain required services.

Ragone v. Graff: NYLJ, p. 26, col. 4 (9/17/97) (Civ. Ct. NY; Shulman, J)

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