Tenant Must Pay Use and Occupancy

LVT Number: 15136

Landlord bought building at a public auction and sued to evict tenant who lived on the second floor. Tenant was prior landlord. Landlord asked the court to direct payment of use and occupancy (U&O) while the case was pending. Tenant claimed that he didn't have to pay U&O because he had filed for bankruptcy. Landlord showed that the bankruptcy court had dismissed tenant's bankruptcy case and ruled that tenant couldn't refile for 180 days. Tenant had filed again before the 180 days was up. The court ruled for landlord. Tenant was trying to mislead the court to live rent-free.

Landlord bought building at a public auction and sued to evict tenant who lived on the second floor. Tenant was prior landlord. Landlord asked the court to direct payment of use and occupancy (U&O) while the case was pending. Tenant claimed that he didn't have to pay U&O because he had filed for bankruptcy. Landlord showed that the bankruptcy court had dismissed tenant's bankruptcy case and ruled that tenant couldn't refile for 180 days. Tenant had filed again before the 180 days was up. The court ruled for landlord. Tenant was trying to mislead the court to live rent-free. The court ordered tenant to pay landlord $1,200 per month as U&O.

Federal Natl. Mortgage Assn. v. Williams: NYLJ, 7/18/01, p. 20, col. 6 (Civ. Ct. Bronx; Gonzalez, J)