Use and Occupancy Set for Loft Unit

September 30, 2003

LVT Number: 16847

Landlord sued to evict loft tenant's sister after tenant died. The court ruled for landlord, finding that the sister wasn't entitled to pass-on rights. The court then ruled that the sister should pay use and occupancy for the period that the case was pending in the amount of $4,800 per month. Tenant's sister appealed and lost. Landlord showed the court that this amount was the fair market rent for similar 2,500-square-foot spaces. Since tenant's sister didn't have pass-on rights, the loft was unregulated during her occupancy, and use and occupancy wasn't limited to rent-regulated rates.

Landlord sued to evict loft tenant's sister after tenant died. The court ruled for landlord, finding that the sister wasn't entitled to pass-on rights. The court then ruled that the sister should pay use and occupancy for the period that the case was pending in the amount of $4,800 per month. Tenant's sister appealed and lost. Landlord showed the court that this amount was the fair market rent for similar 2,500-square-foot spaces. Since tenant's sister didn't have pass-on rights, the loft was unregulated during her occupancy, and use and occupancy wasn't limited to rent-regulated rates.

595 Broadway Assocs. v. Bikman: NYLJ, 9/3/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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