Subtenants Must Pay U&O
LVT Number: 13399
Landlord sued to evict tenant. The court ruled for landlord, and landlord asked the court to order remaining subtenants to pay use and occupancy (U&O) for the four months they remained in the apartment after the case was started. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord was entitled to U&O for this period at a rate equal to the last tenant's rent-stabilized rent. The fact that there was no landlord-tenant relationship between landlord and subtenants didn't bar collection of U&O.
Simkowitz v. Kotler: NYLJ, p. 26, col. 1 (7/23/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)