Tenant Must Pay Outstanding Use and Occupancy While Overcharge Claim Pending

Tenant sued landlord claiming that his basement apartment was subject to rent stabilization and that he had been overcharged. Landlord denied tenant's claims and asked the court to order tenant to payment monthly use and occupancy at $2,250 per month while the case was pending and to pay arrears from February 2020 to July 2022 that now totalled $65,250.

The court ruled for landlord, who was entitled to collect use and occupancy pendente lite from Aug. 1, 2022. And since tenant hadn't paid any rent for over two and one-half years, landlord was entitled to secure a bond for retroactive use and occupancy from February 2020 through July 2022. If, at the end of the case, it was found that there was fraud and that the legal rent should be determined by some other formula than that applied here by the court, tenant will be entitled to a credit based on the use and occupancy paid.

Feltman v. 106th Realty LLC: Index No. 162549/2019, 2022 NY Slip Op 32592(U)(Sup. Ct. NY; 8/1/22; Rosado, J)