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Can LL accept rent during a non-payment case?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Can LL accept rent during a non-payment case?

Postby hellskitchener » Wed Jan 25, 2017 12:42 pm

Question

I know that for a Holdover case, that the LL cannot accept rent once the case begins without a stipulation allowing them to accept Use & Occupancy during the case.

Is it the same for a Non-Payment case, or can the LL accept rent as rent without calling it 'Use & Occupancy?'

Thanks as always.
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Re: Can LL accept rent during a non-payment case?

Postby TenantNet » Wed Jan 25, 2017 12:59 pm

You're mixing up two different things. Acceptance of rent during the windows period can vitiate the Notice of Termination in a Holdover proceeding. Here's one explanation:
https://goo.gl/BBh8Mw

(Google "NYC housing court acceptance rent vitiates" for other instances. Frequently you will see the word "vitiate" in any discussion on this topic)

This is for holdovers, not non-payment cases because in the latter, there is no termination. The windows period starts with the Notice of Termination and ends with the Commencement of the proceeeding ... usually the service and/or filing of the Petition/Notice of Petition. The window period does not extend after the case starts.

The whole issue of Use & Occupancy is something different.
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