Tenant Must Pay Use and Occupancy While Loft Legalized

June 30, 1997

LVT Number: 11579

Landlord sued loft tenant for back rent owed. Landlord asked the court to order tenant to pay use and occupancy while the case was pending. The court ruled for landlord, and tenant appealed, pointing out that landlord hadn't gotten a residential C of O for the building to comply with the Loft Law. The court ruled for tenant in part. Although landlord hadn't gotten the C of O, tenant hadn't claimed that there was any threat to health or safety. Tenant was ordered to pay use and occupancy into a court escrow fund until landlord got the C of O.

Landlord sued loft tenant for back rent owed. Landlord asked the court to order tenant to pay use and occupancy while the case was pending. The court ruled for landlord, and tenant appealed, pointing out that landlord hadn't gotten a residential C of O for the building to comply with the Loft Law. The court ruled for tenant in part. Although landlord hadn't gotten the C of O, tenant hadn't claimed that there was any threat to health or safety. Tenant was ordered to pay use and occupancy into a court escrow fund until landlord got the C of O.

Zane v. Kellner: NYLJ, p. 26, col. 6 (6/12/97) (App. Div. 1 Dept.; Wallach, JP, Nardelli, Rubin, Tom, Andrias, JJ)

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