Tenants Must Pay Monthly Use & Occupancy While Violation Claims Are Pending

Rent-stabilized tenants sued landlord in 2014, claiming that landlord engaged in a pattern of harassment, abuse, and neglect in an attempt to drive tenants from their apartments. In 2015 landlord sued tenants in housing court for nonpayment of rent. In response to tenants' request, the court consolidated the nonpayment claim as landlord's counterclaim in the 2014 action. After extensive motion practice by both sides, landlord asked the court for an award of use and occupancy pendente lite pursuant to RPL Section 220 and RPAPL Sections 601 and 745, made retroactive to the time when the case was started. Tenants pointed out that RPAPL Section 745 had been amended by HSTPA in 2019  to preclude retroactive u&o. They also argued that RPAPL Section 745(2)(a)(iv) barred an award of ongoing u&o pendente lite when tenants claimed existence of building violations.

The court ruled for landlord in part and ordered tenants to pay monthly u&o going forward while the case was pending. The court pointed out that, since the nonpayment case here was commenced in 2015, which was pre-HSTPA, the amended RPAPL Section 745 shouldn't apply. The history of this action, which included consolidation of the landlord's nonpayment proceeding with this case at tenants' request, gave the court discretion to require payment of monthly u&o going forward. 

Dahl v. Prince Holdings 2012, LLC: Index No. 157743/2014, 2023 NY Slip Op 31584(U), NYLJ No. 16847716 (Sup. Ct. NY; 5/11/23; d'Auguste, J)