Use and Occupancy Based on Last Regulated Rent Plus Guideline Increases

Landlord sued to evict rent-stabilized tenant for making excessive noise while using the apartment as a music studio while he also lived there. The court ruled for landlord, although tenant corrected the condition and didn't move out. Landlord then asked the court for an award of monthly use and occupancy for the period while the case was pending. The court ruled for landlord and awarded use and occupancy at a fair market rate of over $5,000 per month. Tenant appealed and won. This wasn't like a case where the apartment became deregulated upon lease expiration because of tenant's nonprimary residence. The apartment in this case didn't become deregulated while the case was pending. The legal regulated rent before the case started was $711. So a proper use and occupancy award would be the legal regulated rent, plus applicable guideline increases.

Ansonia Assocs. v. Bozza: NYLJ, 10/20/00, p. 31, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)