Violations Barred Collecting Use and Occupancy at Rental Rate

April 30, 2008

LVT Number: #20389

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord asked the court to direct tenant to pay a use and occupancy fee at the rate of tenant's monthly rent while the case was pending. The court ruled against landlord. HPD inspected the apartment and found 12 violations of the Housing Maintenance Code. Under the circumstances, there was a breach of the warranty of habitability, and the value of the apartment was less than the amount of rent paid by tenant. The court noted that landlord may have been entitled to a use and occupancy fee at a lower rate.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord asked the court to direct tenant to pay a use and occupancy fee at the rate of tenant's monthly rent while the case was pending. The court ruled against landlord. HPD inspected the apartment and found 12 violations of the Housing Maintenance Code. Under the circumstances, there was a breach of the warranty of habitability, and the value of the apartment was less than the amount of rent paid by tenant. The court noted that landlord may have been entitled to a use and occupancy fee at a lower rate. But because landlord didn't properly deliver the initial court papers to tenant, the case was dismissed.

525 West 175 St. LLC v. Vincente: NYLJ, p. 27, col. 1 (Civ. Ct. NY; Marton, J)

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