Use and Occupancy Ordered at Fair Market Rent

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Landlord then asked the court to award use and occupancy at a fair market rent for the period during which the court case was pending. The rent-controlled rent for the three-bedroom apartment in the Times Square area had been $38 per month. Landlord presented testimony by a licensed real estate broker, who stated that the fair market rent for that size apartment in that area was $1,700. Tenant offered no proof of what the fair market rent was. The court ruled for landlord but limited the use and occupancy to $1,400 per month for the two-and-one-half-year period that the case was pending.

412 W. 49th Acquisition Co., LLC v. Londono: Index No. 70929/96 (1/11/99) (Civ. Ct. NY; Shulman, J) [11-pg. doc.]