Tenants Must Pay Use and Occupancy for Loft Units

November 1, 2003

LVT Number: 16916

Landlord applied to the Loft Board for interim multiple dwelling status for a seven-story commercial building. Landlord converted the basement through the third floor to residential apartments, without a certificate of occupancy. Mixed residential-commercial use tenants occupied the fourth through seventh floors. Landlord sued to evict unregulated tenants and asked the court to award use and occupancy. The court ruled for landlord. While landlord couldn't collect rent because of multiple dwelling law noncompliance, landlord could collect use and occupancy while the eviction was delayed.

Landlord applied to the Loft Board for interim multiple dwelling status for a seven-story commercial building. Landlord converted the basement through the third floor to residential apartments, without a certificate of occupancy. Mixed residential-commercial use tenants occupied the fourth through seventh floors. Landlord sued to evict unregulated tenants and asked the court to award use and occupancy. The court ruled for landlord. While landlord couldn't collect rent because of multiple dwelling law noncompliance, landlord could collect use and occupancy while the eviction was delayed.

315 Berry St. Corp. v. Huang: NYLJ, 10/22/03, p. 22, col. 3 (Civ. Ct. Kings; Grayshaw, J)

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