Landlord Entitled to Use and Occupancy

June 30, 1999

LVT Number: 13348

Landlord sued tenant hospital seeking eviction of individual hospital employees who occupied apartments. The issue was whether they were subject to rent stabilization. The court ultimately ruled for landlord on this issue. Landlord asked the court for use and occupancy while the case was pending, for the period after tenants' apartment leases expired on Sept. 30, 1992, through September 1997. The court ruled for landlord, awarding $1.5 million in u&o for the period in question. Tenants appealed and lost.

Landlord sued tenant hospital seeking eviction of individual hospital employees who occupied apartments. The issue was whether they were subject to rent stabilization. The court ultimately ruled for landlord on this issue. Landlord asked the court for use and occupancy while the case was pending, for the period after tenants' apartment leases expired on Sept. 30, 1992, through September 1997. The court ruled for landlord, awarding $1.5 million in u&o for the period in question. Tenants appealed and lost. Tenants had agreed to accept the status of holdover tenants if they lost on the rent stabilization coverage issue.

Rose Assocs. v. Lenox Hill Hospital: NYLJ, p. 29, col. 2 (6/10/99) (App. Div. 1 Dept.; Williams, JP, Wallach, Andrias, Friedman, JJ)

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