Tenants Didn't Deposit Rent with Court

August 31, 2003

LVT Number: 16800

Facts: Landlord rented lofts to tenants for residential use in a commercial building that wasn't subject to the Loft Law. No C of O was issued at the time tenants moved in. A temporary C of O was first issued on Oct. 30, 2002. Landlord then sued tenants for nonpayment of rent. Tenants claimed that landlord wasn't entitled to collect any rent for the time prior to the issuance of the first temporary C of O. Court: Tenants win in part. Landlord couldn't seek rent for the period before Oct. 30, 2002. But as to the rent owed after that date, the court ruled for landlord with a trial.

Facts: Landlord rented lofts to tenants for residential use in a commercial building that wasn't subject to the Loft Law. No C of O was issued at the time tenants moved in. A temporary C of O was first issued on Oct. 30, 2002. Landlord then sued tenants for nonpayment of rent. Tenants claimed that landlord wasn't entitled to collect any rent for the time prior to the issuance of the first temporary C of O. Court: Tenants win in part. Landlord couldn't seek rent for the period before Oct. 30, 2002. But as to the rent owed after that date, the court ruled for landlord with a trial. Tenants had failed to deposit rent in court, as required by law, while the case was pending. So the Rent Deposit Law required that tenants' defenses and counterclaims be dismissed.

Clinton Hill Lofts 1, LLC v. Reid: NYLJ, 8/6/03, p. 23, col. 1 (Civ. Ct. Kings; Pinckney, J)

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