Parties Agreed on Amount of Back Rent Owed

May 31, 1998

LVT Number: 12380

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior to the trial, landlord and tenant agreed that the unpaid rent and/or use and occupancy was $45,000. Landlord later asked for an award of use and occupancy at a fair market unregulated rate. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Landlord couldn't get a higher rate of use and occupancy because it had agreed to accept a lower amount. But the court did find that prejudgment interest could be added to the amount owed to landlord.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior to the trial, landlord and tenant agreed that the unpaid rent and/or use and occupancy was $45,000. Landlord later asked for an award of use and occupancy at a fair market unregulated rate. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Landlord couldn't get a higher rate of use and occupancy because it had agreed to accept a lower amount. But the court did find that prejudgment interest could be added to the amount owed to landlord.

Metropolitan Life Ins. Co. v. Harris: NYLJ, p. 28, col. 3 (5/28/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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