Use and Occupancy Denied Due to Outstanding Class "C" Violation

September 27, 2020

LVT Number: #30988

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based on $12,000 in back rent owed, as well as going forward until the case was resolved. The court ruled against landlord. There was an outstanding immediately hazardous HPD Class "C" violation for continued roach infestation in the apartment. This precluded the court from awarding landlord use and occupancy.

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based on $12,000 in back rent owed, as well as going forward until the case was resolved. The court ruled against landlord. There was an outstanding immediately hazardous HPD Class "C" violation for continued roach infestation in the apartment. This precluded the court from awarding landlord use and occupancy.

2167 Crotona Ave. HDFC v. Recio: Index No. 001379/19, NYLJ No. 1597128434 (Civ. Ct. Bronx; 7/27/20; Jennings, J)

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