Use and Occupancy Limited to Lease Rent

December 1, 1994

LVT Number: 9327

Landlord sued to evict rent-stabilized tenant for illegal sublet. The court ruled for landlord, and awarded use and occupancy based on the market value of the apartment. Tenant appealed, arguing that the award was too high. The appeals court agreed, and reduced the award to reflect the lease rent. Tenant had signed a renewal lease for the period of time in which landlord claimed he'd illegally sublet the apartment, so the lease rent is the maximum landlord can claim.

Landlord sued to evict rent-stabilized tenant for illegal sublet. The court ruled for landlord, and awarded use and occupancy based on the market value of the apartment. Tenant appealed, arguing that the award was too high. The appeals court agreed, and reduced the award to reflect the lease rent. Tenant had signed a renewal lease for the period of time in which landlord claimed he'd illegally sublet the apartment, so the lease rent is the maximum landlord can claim.

TRB Cuttermill v. Bigman: NYLJ, p. 32, col. 2 (11/25/94) (App. T. 2 Dept.; Kassoff, JP, Aronin, Patterson, JJ)

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