Use and Occupancy Based on Last Rent in Lease

Landlord sued to evict rent-stabilized tenant. The court ruled for landlord. Landlord then asked the court for an award of use and occupancy for the period of time that tenant stayed in the apartment during the court case. The court ruled for landlord. The amount of use and occupancy was set at the amount of rent charged in tenant's last rent-stabilized renewal lease, plus applicable vacancy and rent guidelines increases. Landlord appealed, claiming that he would have renovated the apartment if tenant had moved out when his lease ended. Landlord argued that the use and occupancy should be set at a higher amount to reflect renovation rent increases. The appeals court ruled against landlord. Whether landlord would have made renovations, and how much they were worth was too indefinite. So the use and occupancy amount wouldn't be based on landlord's suggested amount.

Brusco v. Gray: NYLJ, 9/5/00, p. 24, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)