Use and Occupancy Set at Market Rent

(Decision submitted by Cary Seth Kletter of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. The court ruled for landlord based on tenant's failure to comply with the court's order to appear for pretrial questioning and to pay use and occupancy (u&o) while the case was pending. Landlord then asked the court to order payment of u&o at the market rent. The court ruled for landlord. The building's J-51 tax benefits expired before October 1997, when the tenancy was terminated. So the next tenant would be exempt from rent stabilization. The court set the amount of u&o at $2,100 per month, based on the rent amount of a similar apartment right below tenant's.

Ellis v. Kuracinski: Index No. 107796/97 (3/20/98) (Civ. Ct. NY; Smith, J) [5-page document]