Use and Occupancy Charges Limited to Rent-Stabilized Rent

March 1, 2011

LVT Number: #23215

Landlord sued to evict rent-stabilized tenant for violating her lease by refusing to give landlord access for repairs. The court ruled for landlord after a trial, but gave tenant a chance to avoid eviction by permitting access. Tenant instead moved out voluntarily. Landlord then sought an award of use and occupancy charges at fair market rent for the period that the court case went on. The court ruled against landlord, who appealed and lost.

Landlord sued to evict rent-stabilized tenant for violating her lease by refusing to give landlord access for repairs. The court ruled for landlord after a trial, but gave tenant a chance to avoid eviction by permitting access. Tenant instead moved out voluntarily. Landlord then sought an award of use and occupancy charges at fair market rent for the period that the court case went on. The court ruled against landlord, who appealed and lost. Since tenant was rent stabilized, and left voluntarily, the use and occupancy charge should be awarded at the rate of tenant's last rent plus the applicable rent guidelines increase.

Clermont York Assoc. v. Feher: NYLJ, 2/24/11, p. 29, col. 6 (App. T. 1 Dept.; Shulman, JP, Hunter, J)

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