Use and Occupancy Set at Market Rate

March 1, 2003

LVT Number: 16382

Landlord sued to evict apartment occupant after tenant moved out. Occupant claimed pass-on rights. The court ruled against occupant, and landlord requested use and occupancy for the period occupant held over in the apartment. The court ruled for landlord and set the use and occupancy at market rate. Occupant appealed and lost. Landlord was entitled to use and occupancy at market rate. The court ruled that the fair market rate during the holdover period for the two-bedroom apartment started at $3,000 and went up to $4,500.

Landlord sued to evict apartment occupant after tenant moved out. Occupant claimed pass-on rights. The court ruled against occupant, and landlord requested use and occupancy for the period occupant held over in the apartment. The court ruled for landlord and set the use and occupancy at market rate. Occupant appealed and lost. Landlord was entitled to use and occupancy at market rate. The court ruled that the fair market rate during the holdover period for the two-bedroom apartment started at $3,000 and went up to $4,500. This was reasonably based on proof of other rents in the building and testimony by a real estate broker.

40 W. 55 LLC v. Kurland: NYLJ, 2/28/03, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, JJ)

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