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Separating claims for rent vs. u&o?

NYC Housing Court Practice/Procedures

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Separating claims for rent vs. u&o?

Postby klfpr » Thu Jun 23, 2011 5:44 pm

LL seeking rent under the lease for 3 months and after the lease expired for 2 months.

I think there are problems with his complaint. First he just claims rent for the whole period, but after the lease expired, he is claiming payment for use & occupancy right? Can he just collapse that all into one claim? There are multiple units involved, and he claims rent (actually u&o) for dates AFTER move-out for some of the units.

Also he did not deduct the security deposit he kept from the amount due. I don't know what he did with it, but I bet he put the deposits at least for our units into one account - so comingling means he must return the full amount. Does this mean he cannot apply it to back rent as well?

The building was unsafe, invested with vermin, had exposed electrical wiring, etc. and LL refused to fix for months, so moved out. Defense is breach of warranty of habitability but I wonder if his sloppy drafting is easier to attack?

Thanks for any help. Oh bldg is in the Bronx and units were RS.
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Postby TenantNet » Thu Jun 23, 2011 5:49 pm

Explain some more. How do multiple units get put together in once case? If units were RS, how can there be no lease? Did the tenant(s) not renew their lease?

Deposits must be put into interest-bearing trust account and not be commingled. Demand an accounting of the deposit, including all interest that was paid and any deductions made.
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without giving too many details..

Postby klfpr » Thu Jun 23, 2011 5:55 pm

A group of apartments were leased together as low-income housing but had to move out because the conditions were horrible.

There were leases, but some occupants did not move until a couple of months after their leases expired. The problems had been going on for months, so they did not renew but moved out as soon as they were able.

I think the LL will need to provide the accounting of deposits in court?
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Postby TenantNet » Thu Jun 23, 2011 7:53 pm

"A group of apartments were leased together as low-income housing"

What does that mean? What program were the under? Units are not normally rented as a block. Were there different tenants? What's the story here?
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