Landlord Gets Use and Occupancy at Fair Market Value

August 31, 2007

LVT Number: #19821

Landlord sued to evict rent-controlled tenant. The court ruled for landlord. After the case was over, landlord sought reimbursement for use and occupancy at the value of the apartment's fair market rent for the period after the tenancy was terminated and the case was pending. Tenant argued that he should have to pay use and occupancy only at the rate of the rent-controlled rent. The court ruled for landlord. Tenant appealed and lost. Landlord was entitled to use and occupancy at a fair market rate because tenant's rent-controlled status ended upon termination of his tenancy.

Landlord sued to evict rent-controlled tenant. The court ruled for landlord. After the case was over, landlord sought reimbursement for use and occupancy at the value of the apartment's fair market rent for the period after the tenancy was terminated and the case was pending. Tenant argued that he should have to pay use and occupancy only at the rate of the rent-controlled rent. The court ruled for landlord. Tenant appealed and lost. Landlord was entitled to use and occupancy at a fair market rate because tenant's rent-controlled status ended upon termination of his tenancy.

230 East 14th Street LLC v. Klufas: NYLJ, 8/8/07, p. 35, col. 1 (App. T. 1 Dept.; McKeon, P, McCooe, Schoenfeld, JJ)

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